Inside Mirko Tomicic’s Batemens Bay axe attack

A NSW man has been warned against vigilantism after causing life-threatening injuries with a tomahawk-style axe. Here’s why he attacked his brother-in-law.

A Batemans Bay man has been warned against vigilantism after leaving his brother-in-law with life-threatening injuries from an axe.

Mirko Tomicic, 20, attacked the 29-year-old man with a tomahawk-style axe, leaving deep wounds to his thighs and knee, as well as a 7-10cm deep gash to his abdomen.

The young man had been camping with his girlfriend in Lilli Pilli Beach, south of Batemans Bay, when he began receiving multiple panicked phone calls from his sister, who lived with her de facto partner in nearby Surf Beach.

Tomicic pleaded guilty at Batemans Bay Local Court on Monday to reckless wounding on March 22.

Agreed police facts detail how Tomicic’s sister and her partner had been “bickering” throughout the evening and she had ordered her partner to leave the home.

When he failed to do so, she called Tomicic crying and screaming, saying: “come and help me”.

“Mirko and his girlfriend left the campsite to travel to his sister’s house,” police documents state.

“During the journey, Tomicic told his partner: ‘It sounds serious’.”

When Tomicic arrived, his sister and her partner were already outside screaming at one another.

“Tomicic exited the passenger side with a small axe that he was carrying down by his legs,” police facts read.

“An altercation occurred between Tomicic, the sister, and her partner.

“Tomicic swung the axe in front of him, striking the partner’s legs and left body.”

Tomicic’s sister and her partner screamed at him to stop.

Handing himself into police two days later, Tomicic told officers the axe was being used for wood cutting while camping.

NSW Ambulance paramedics treated Tomicic’s brother-in-law who sustained multiple wounds that bled profusely.

Batemans Bay Local Court. Picture: Nathan Schmidt

While being treated, the man was allegedly aggressive towards the paramedics, and was sedated before being flown to Canberra Hospital.

The man’s wounds were treated with deep sutures and superficial staples. He also sustained rib fractures during the incident.

The next day, Tomicic’s sister forwarded him videos via text of the wounds.

Following the videos, the sister received multiple messages from Tomicic expressing his regret.

“I’m actually so f---ing sorry,” he said.

“I don’t know what I was thinking. I don’t know what I have done.

“I’m so sorry.”

Solicitor Adam Sumbak told Batemans Bay Local Court Tomicic accepted responsibility for what had happened and agreed it was wrong.

But he said his client did not believe the situation was of his own making, rather one he had been “forced” into.

“We have to address the elephant in the room here,” Mr Sumbak said.

“The only reason Tomicic was in the home was because his sister was the victim of alleged domestic violence.

“He received several calls from his sister which were panicked. But, he wasn’t going to go.

“It’s unfair in many respects that he was forced to go to the house knowing something terrible might happen.”

Mr Sumbak said Tomicic had been fearful of his sister’s partner, who was older and larger than he was.

While Magistrate Doug Dick accepted Tomicic acted out of concern for his sister’s welfare, he told the accused man there were other options.

“The motivation for the offending has a flavour of vigilantism to it,” Mr Dick said.

“But, today is not all about you. I have got to send a message.

“We cannot just close our eyes to the fact that we don’t want people responding in this way.

“If you didn’t have the axe with you, you couldn’t have used it.”

Tomicic was sentenced to an 18-month Intensive Corrections Order, also known as jail in the community.

He must complete 300 hours of community service.