Michael Todd Berghofer damaged surfer’s property with an axe after he hit on his mum

The North Coast resident chased after the victim with an axe, before destroying a $500 surfboard and damaging his car.

axe, generic

A Hastings Point man chased after a surfer with an axe in public yelling, “I’ll kill you”, after the victim hit on his mother.

Michael Todd Berghofer, 33, pleaded guilty in Tweed Heads Local Court on Wednesday to two counts of destroying or damaging property, going armed with intent to commit an indictable offence and common assault.

According to court documents, on August 14, 2020 the victim went to Norries Headland, parked in a public car park and went for a surf.

He returned to his car and placed his surfboard on the grass before setting up a barbecue.

At 9.10am Berghofer drove to the location, knowing the victim would be there, exited his car armed with a 45cm handle axe and struck the tail light of the victim’s car, causing the plastic to smash.

It was all seen by witnesses.

The victim was cleaning up the barbecue when Berghofer yelled, “Trying to hit on my mum, come to my unit block arguing with (mutual friend), I’ll kill you”, while advancing towards the victim.

When the he was about 2m away, he held up the axe in his right hand and advanced towards the victim who turned and ran.

Berghofer walked to the surfboard and struck it with such force the axe went through the fibreglass.

The damage was near impossible to be repaired.

This all happened while members of the community and children looked on.

Police spoke to Berghofer at his Hastings Point address later that day and he admitted to the offending.

He said a few days prior there had been an incident between the victim and a mutual friend.

Police seized two axes.

During police interview he conceded his behaviour was not acceptable and he was in the wrong.

The victim asked for $150 for the car and $500 for the surfboard.

Defence lawyer John Mulherin told the court the victim had made advances towards Berghofer’s mother, despite him telling him not to.

He said a mutual friend then intervened and the victim assaulted the mutual friend, which had angered his client.

Mr Mulherin said Berghofer went to the car park with the intent of damage which was “completely inappropriate”.

He said his client was remorseful and there had been no further incidents.

Magistrate Geoff Dunlevy noted Berghofer’s use of an axe to cause fear.

“(The victim) was genuinely concerned you were going to strike him with the axe,” Mr Dunlevy said.

He accepted the incident occurred in extenuating circumstances.

He convicted and sentenced Berghofer to an 18-month community corrections order and a 12-month intensive corrections order.