A Ballarat tradie who filmed a 17-year-old apprentice being hung from a truss with a makeshift noose after months of bullying has been sentenced.
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Aaron Devereux, 24, was one of three workers at Celsius Heating and Cooling charged under Brodie's Law - an anti-workplace bullying law introduced in 2011.
On Thursday, Devereux faced the Ballarat Magistrates' Court to plead guilty to a stalking charge, which came about from bullying at the company between July 2022 and February 2023.
The court heard Devereux and two others at the heating and cooling company routinely engaged in "abusive, intimidating or offensive conduct" towards a 17-year-old apprentice they worked with.
Such behaviour included Devereux making offensive comments about the 17-year-old's dead father, pouring buckets of water on his head, shooting nail guns at him, and punching him.
In one incident, Devereux filmed himself grabbing the 17-year-old's head and pulling it towards his head, saying "suck it, suck it".
On February 15, 2023, Devereux and the two other tradies enticed the 17-year-old to put his head in a makeshift noose made from tape and fixed to a roof truss at a job site in Alfredton.
The trio tied the 17-year-old's hands and feet, and placed his head inside of the noose, with the boy's neck holding his body weight for about two seconds.
Devereux filmed the incident for social media.
When the 17-year-old got home he complained about the incident to his mother, and his boss at Celsius Heating and Cooling, telling him "The guys went a bit too far today is it okay if I have tomorrow off? I don't want to get anyone into trouble".
The matter was later reported to the police.
Devereux appeared in court with the support of many family members and friends.
At Thursday's hearing, Magistrate Letizia Torres read a report from Corrections Victoria about how he would fare on a community corrections order.
The report said Devereux had a "low risk of reoffending", and found him suitable for the order.
Magistrate Torres called the bullying "serious" and "cruel".
"He (the victim) had just turned 17 when this relentless bullying started," the magistrate said.
"This was his first real job and he no doubt had hopes of obtaining qualifications as a tradesperson.
"All of this would have weighed very heavily on the minds of an adolescent and would have made him all the more reluctant to report his distress."
Devereux's lawyer asked Magistrate Torres to withhold a conviction, given Devereux's lack of criminal priors. Despite this, Magistrate Torres decided to hand Devereux a conviction.
Devereux was placed on an 18 month community corrections order with conviction.
He will be required to complete offender behaviour programs and 200 hours of community work.
One of Devereux's co-accused, Liam Loftus, was placed on a good behaviour bond in August 2023 after pleading guilty to his role in the noose incident.
The third, Benjamin Foy, will potentially fight the charges against him.