A MAN who planned a kidnapping that resulted in a fatal stabbing at One Tree Hill has been jailed for more than three years.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Harley James Dix, 28, was sentenced in the County Court on Friday after pleading guilty to one charge of kidnapping and another charge of intentionally causing injury.
The court heard Harley Dix, Jara Dix, and Benjamin Judge planned to kidnap a 19-year-old man, assault him, and leave him tied to a tree in the bush for days over his perceived mistreatment of a family member.
Read other court news:
On the night of March 15, 2019, Jara Dix and Benjamin Judge took the victim into bushland at One Tree Hill on the pretence of smoking a bong.
Judge's brother, 24-year-old Steven Judge, went as well although he was not part of the plan.
Benjamin Judge had packed a tool box, ropes, chains, a sledgehammer, and tarp in the boot of the car before they left.
Once at One Tree Hill, the four shared a bong before Benjamin Judge tied a chain to a tree.
He then went at the victim with a sledgehammer and dragged him to the ground, where he and his brother assaulted him.
The victim was dragged towards the tree and the assault continued, while Jara Dix yelled out, "You shouldn't have f***ed with the family".
Judge Patricia Riddell found the victim was hit at least once with the sledgehammer, police having found his blood on its head.
The victim tried to run but Benjamin Judge put him in a choke hold and he started to black out.
He feared he could die and took out a kitchen knife from his pocket before stabbing Steven Judge, who was on top of him, three times.
Read more court news:
The victim ran into the bushes while Jara Dix and Benjamin Judge tried to seek help for Steven Judge. Paramedics were called but he died at the scene.
The kidnapping victim was found hiding in a shed the next day.
He suffered multiple abrasions, bruises, and cuts to his head and body, including an injury that required stitches.
He was arrested, but police did not charge him over Steven Judge's death.
Police interviewed Harley Dix on March 16, 2019. He told police he started formulating a plan three days earlier and that he had wanted the 19-year-old "beaten up".
Judge Riddell told the court while she accepted Harley Dix did not injure the victim, or know how his co-offenders would carry out the assault, it was he who came up with the plan to kidnap and assault the 19-year-old.
"The only reason your plan didn't come to fruition is because the victim fought back," Judge Riddell said.
Judge Riddell said there was an argument Harley Dix should receive a higher penalty than his co-offenders because he was the instigator of the attack.
Jara Dix and Benjamin Judge last month were both jailed for three years and four months, with a non-parole period of 22 months.
But Judge Riddell said she needed to take into account that Harley Dix would find prison more difficult due to his mild intellectual disability, borderline personality disorder traits, anxiety, and depression.
Judge Riddell said Dix had reasonable prospects of rehabilitation, given he had started treatment for his mental health issues and he didn't re-offend during the 20 months he was on bail.
She said Dix's guilty plea and cooperation with police also needed to be a factor in sentencing.
Harley Dix was jailed for three years and four months, with a non-parole period of 22 months.
If he did not plead guilty, Dix would have been sentenced to six years in jail, with a non-parole period of four years and three months.
Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.