Kye Douglas Aylward sentenced for assault occasioning actual bodily harm – domestic violence

A backyard bust-up led a father and son to topple over a balcony and scrap it out in the garden. Read why the dad admitted to using “excessive force” on his son.

A Casino father who pushed his son – who is accused of murder – off a balcony and punched him in the face after an argument spiralled out of control has faced court.

Kye Douglas Aylward, 47, was sentenced at Casino Local Court on Thursday, October 6, for assault occasioning actual bodily harm – domestic violence related.

Kye Aylward and his son Rayne Aylward got into an argument at about 5pm on April 24 after Kye was allegedly verbally abusive towards another person in the house, police facts stated.

Rayne allegedly confronted his father, who “has taken offence” at being pulled up by his son.

Kye Aylward took hold of Rayne by the scruff of his shirt and punched him once in the side of the face, according to court documents.

Kye Douglas Aylward, 47, was sentenced for assault occasioning actual bodily harm - domestic violence related, at Casino Local Court on October 6, 2022.

Rayne told his father to calm down, but Kye pushed his son backwards, causing them both to fall off the balcony into the garden, police facts stated.

Rayne continued to tell his father to calm down, with his father “growling” and still holding onto his shirt and refusing to let go.

Rayne attempted to break free, punching his father - before they were eventually separated by a third person.

Police arrived and Kye was arrested for assault, but according to court documents he refused to tell officers what had happened as “he didn’t want to get his son into trouble”.

But he did point to the injuries he had sustained to his face and “completely denied” punching Rayne or pushing him off the balcony.

Kye Aylward’s solicitor told the court his client had been trying to remove his son from the house, because Rayne was “drunk and argumentative”.

Kye admitted to using “excessive force” while trying to restrain his son, the court heard.

Magistrate Michael Dakin accepted that Kye had been only “responsive” to the “anti-social” behaviour of his son.

Kye Aylward was also charged with failing to appear before the court, but his solicitor told the court his client had missed his court date because his son had been charged with murder on June 24.

Rayne Aylward is remanded in custody after allegedly murdering a 17-year-old. Rayne is to appear before the Lismore Local Court for committal.

Given Kye Aylward’s family circumstances, Mr Dakin dismissed the fail to appear charge.

But he was found guilty of assault occasioning actual bodily harm – domestic violence.

Mr Dakin told Kye Aylward that the offence had a maximum penalty of five years in prison, but because he had no prior history of violence, he sentenced him to an 18-month community release order without conviction.