Appeal fails for man who stabbed neighbour 34 times

Laine Clark | June 22, 2023

At first, Jake Scott Ashman told police he had found his neighbour’s body with a note left by the murderer.

It asked the reader to clean up blood, hide items, not call for help until the next day and smoke cannabis, featuring a “winky face”.

Ashman told police he followed the instructions because he feared “my family could get hurt” if he did not comply.

However, Ashman later said he stabbed Darren Ints in self-defence at their unit complex north of Brisbane in February 2019.

Mr Ints died after being stabbed 34 times.

Ashman’s evidence was described as “ridiculous” in a judgment that dismissed his appeal against his murder conviction.

Ashman was 25-years-old when he was sentenced to life after being found guilty at a Rockhampton Supreme Court trial in May 2022.

He initially told police he had heard noises and yelling next door, finding Mr Ints’ body with the note when he checked on his Maryborough neighbour.

“The note said … can you give this a wipe and roll one up (smoke cannabis) and wait ’till tomorrow (to call for help) with a winky face,” he said.

In a Queensland Court of Appeal judgment released this week, Ashman’s evidence to police was described as an “elaborate web of lies”.

“The appellant’s evidence was incredible in the literal sense of the word: not credible, cannot be believed, beyond belief,” it said.

At his trial, Ashman told a different story.

He said Mr Ints had barged into their shared toilet and attacked him with the knife.

Ashman said he feared for his life but was able to grab the knife and stabbed his neighbour to “defend myself”.

Mr Ints died after being stabbed in the face, chest, abdomen and neck, with four wounds penetrating his heart.

Evidence at the trial described the wounds “consistent with a prolonged and persistent, violent attack with a knife”.

Ashman said he was still fearful after stabbing his neighbour so retreated to his room and emerged with another knife, finding Mr Ints lying on his back on the floor.

Ashman said he instinctively stabbed Mr Ints in the throat after his neighbour “sort of woke up” and lunged at him again.

Asked why he had lied to police, Ashman said: “I was just too embarrassed over what just happened on the toilet”.

For the appeal, Ashman’s counsel argued that the murder conviction was unreasonable because his evidence could not be rejected beyond reasonable doubt.

They also said the number and nature of the injuries did not ultimately indicate only an intent to kill or cause grievous bodily harm.

However, the appeal was dismissed with Ashman described as a fundamentally unreliable witness whose evidence was completely unbelievable.

“There was no basis to any claim that the killing was done in self-defence,” the judgment said.

“There is only one rational inference to be drawn from the number of stab wounds inflicted … he held an intention to at least cause him grievous bodily harm.”