A MAN was fatally stabbed when a kidnapping involving several people in bushland on Bendigo's southern outskirts went wrong, a court has heard.
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Harley James Dix, 28, and Benjamin Keith Judge, 29, appeared in the County Court on Thursday, when they pleaded guilty to one charge of kidnapping and another charge of intentionally causing injury.
Judge's brother Steven died after being stabbed during the incident at One Tree Hill on March 15 last year.
The Judge siblings were assaulting a fourth man, then aged 19, who inflicted the fatal wounds after being lured to the area late at night and assaulted.
The plot was hatched by Harley Dix and his sister Jara Dix.
The court was told that in the days leading up to the confrontation they formulated a plan for Ms Dix to kidnap the 19-year-old, take him out in the bush, and physically assault him.
The court heard Mr Dix wanted the man punished for his behaviour in a relationship.
On March 15, 2019, Mr Judge sent a message to Mr Dix stating, "This s*** will get sorted today! I'm letting Jara do it her way... as I respect she wants to get to the bottom of it."
Sometime after 9.30pm that evening, Ms Dix invited the 19-year-old to go and have a smoke at One Tree Hill. He agreed, and drove with Benjamin Judge and Ms Dix to a Long Gully address.
Once there, Ms Dix and Benjamin Judge loaded a tool box, sledgehammer, bag of ropes, chains, and a tarp into the boot of the car while the 19-year-old sat in the rear shed with Steven Judge.
Steven Judge joined the group before they drove up Edwards Road to the One Tree Hill Lookout.
At the top of Edwards Road, the car was driven around a 'road closed' sign and west along One Tree Hill Road.
The vehicle was stopped short of another 'road closed' sign at the Mandurang Road entrance, and parked facing the bushes with the headlights left on. All four shared a bong containing tobacco.
Jara Dix and Benjamin Judge then got out of the car, opened the boot and removed the sledgehammer, as well as the bag of ropes and chains, while the 19-year-old and Steven Judge remained inside.
Benjamin Judge then walked with the bag into the bushes, about 20 metres from the road, where he tied the chain to the tree.
At one point, Ms Dix returned to the car and asked the 19-year-old to get out so she could speak to Steven Judge alone.
The man waited outside the car. While he was standing there, the court heard, Benjamin Judge picked up the sledgehammer and approached with the instrument raised.
The 19-year-old tried to push the sledgehammer away but was grabbed from behind and dragged to the ground, where he was kicked and hit for about five minutes.
The 19-year-old told police he believed was he hit in the head at least once with the sledgehammer. Ms Dix, the court was told, yelled out obscenities during the assault.
The 19-year-old tried to run away but Benjamin Judge grabbed him from behind and dragged him down to the ground in a choke-hold position. Steven Judge was also on top of him.
The court heard the man began to lose consciousness and he believed he might die.
But while he was pinned down, the 19-year-old picked up a kitchen knife that had fallen out of his pants pocket, the court heard, using it to stab Steven Judge three times.
Steven Judge backed away and Benjamin Judge, seeing that his brother was bleeding heavily, let the man go.
The 19-year-old ran away while Steven Judge retreated to the car with his brother and Ms Dix.
They put Steven Judge in the back of the car and Ms Dix drove about one kilometre, but the vehicle stopped after braking suddenly and would not restart.
Ms Dix and Benjamin Judge then tried to carry Steven Judge but were unable to carry him far.
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Paramedics and police arrived at the scene at 11.29pm. Paramedics tried to resuscitate Steven Judge but he was pronounced dead at 11.47pm.
Both Ms Dix and Benjamin Judge were taken to the Bendigo Police Station where they made sworn statements. Neither Ms Dix nor Mr Judge mentioned the kidnap plan.
The 19-year-old was arrested the next morning. The court heard he had multiple cuts and bruises, as well as an injury closed with Steristrips on the right side of his head.
He told police when interviewed that the Judge brothers had assaulted him, and that he had used the knife to get Steven Judge off him.
Police interviewed Harley Dix on March 16, 2019. He told police he started formulating a plan with his sister three days earlier. He said he wanted the 19-year-old "beaten up".
Benjamin Judge was arrested and interviewed on March 17, 2019. He told police the plan was to tie up the 19-year-old at One Tree Hill so Ms Dix could have a chat with him.
Mr Judge told police Ms Dix was going to leave him there for a couple of nights.
The County Court Judge, Patricia Riddell, said the offending was "absolute vigilante behaviour" that had a "pretty flimsy" motive.
Harley Dix's defence counsel Markorius Habib conceded kidnapping was a serious offence, but said his client could qualify for a lengthy community corrections order rather than a term of imprisonment.
Mr Habib said a psychological report presented to court found Mr Dix had symptoms of borderline personality disorder and had been diagnosed with anxiety and depression.
The report found Mr Dix also had a mild intellectual disability and had poor reasoning and judgement skills.
Mr Habib said a prison sentence would not work to deter Mr Dix from re-offending.
Benjamin Judge's defence counsel Stephanie Wallace said her client had no prior criminal history, but had experienced behavioural and learning difficulty throughout his childhood.
Ms Wallace said Mr Judge also experienced significant family trauma in the years leading up to the offending.
Ms Wallace told the court she was still seeking psychological and psychiatric reports for Benjamin Judge, which would show the extent of the trauma on his mental health.
Judge Riddell said she was concerned defence was still seeking evidence to provide to the court.
"I do not feel armed with the appropriate material to sentence two young men for such serious charges," she said.
The sentencing was adjourned to allow for additional reports and victim impact statements to be submitted to the court.
Harley Dix and Benjamin Judge are due to return to the County Court in October.
Jara Dix entered a guilty plea in the Bendigo Magistrates' Court last August. She is due before the County Court again next week.
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