A remorseless Noble Park man who hurled his headphones at a courtroom jury box after being found guilty of a “truly abhorrent” series of rapes has been jailed.
Che Mark William Ashton, 36, laughed as the victim’s impact statement was earlier read out to the Victorian County Court, sentencing judge George Georgiou said on 13 October.
“To you it’s a laughing matter,” she stated.
“To me it’s a nightmare I want to put behind me.”
Judge Georgiou said Ashton’s headphones landed and smashed against the jury box when the jury announced a guilty verdict.
This and his earlier laughing showed a clear lack of remorse and insight, the judge noted.
Ashton was found guilty by the jury of three counts of rape as well as sexual touching and assault with intent to commit sexual assault on a “young woman” in her home’s lounge room one night in November 2019.
He was found not guilty of aggravated burglary and one rape charge.
After arriving in her house, a “fast talking” and “erratic” Ashton told her he had a “good idea” for making lots of money – by making porno videos and uploading them online.
At the time, he was drinking heavily and on cocaine. There were three young children in the home – though they didn’t witness the assaults.
She said she physically resisted his assault. She repeatedly told him to stop and demanded that he leave.
Ashton had argued that the three acts of rape were consensual.
He claimed that the friendship was more “intricate” and “complex” than the victim portrayed, Judge Georgiou noted.
The judge said Ashton violated a young, vulnerable single mother caring for three children, who had a right to feel safe in her own home.
That he didn’t wear a condom was an aggravating feature. His “truly abhorrent” behaviour must be strongly denounced and condemned, Judge Georgiou said.
The Victorian-born Ashton had flown to study Year 11 in Wellington New Zealand to pursue a rugby career before a knee injury derailed his dream.
He worked in steel-fixing for eight years.
In the past, he had been medicated for depression. There were conflicted opinions on whether he had ADHD but he reportedly blamed others and acted impulsively and inappropriately.
A psychologist reported he continued to make negative, degrading comments about the victim.
There were several behavioural issues that needed to be treated, the judge noted.
Ashton had prior driving and assault offences, but no previous sexual assaults.
He had not reoffended since being bailed in 2020, and had endured a four-year wait for his trial.
Prosecutors didn’t press for Ashton to be registered as a sexual offender, so the judge didn’t make such an order.
Ashton was jailed for up to eight years and eight months, with a five-year, nine-month non-parole period.
His term included 235 days in pre-sentence detention – his first time in custody.
