Drunk stomped on teen nephew’s head at mother’s birthday bash

An unemployed plasterer who got plastered at his mum’s birthday took out his alcohol-fuelled anger on his 19-year-old nephew.

Daniel Dyball was drunk when he stomped on his nephew’s head at his mum’s birthday bash.

A drunk thug who was celebrating his mum’s birthday when he “cowardly” stomped on his teenage nephew’s head has been jailed.

Daniel Allan Dyball attacked his relative at his mother’s Botanic Ridge house because he was angry that his stepdad didn’t want to drink with him.

When the 19-year-old nephew became involved Dyball punched him to the ground, stomped on his face twice and kicked him as he lay there bleeding.

The 36-year-old unemployed plasterer pleaded guilty to assault, drugs, theft, driving and bail charges at Frankston Magistrates’ Court on Thursday.

He also admitted riding a stolen motorbike with fake number plates while high on ice in Cranbourne in July 2019.

And he was caught with a small amount of ice in his wallet at the Rosebud Hotel in January.

The court heard Dyball, who has a recent history of violence and theft-related offending, was rejoicing his mum’s birthday at her home on October 3 this year.

He had been drinking heavily, and asked his stepfather to join him for a beverage.

His stepdad didn’t want a bar of it and Dyball became angry, insulting him and encouraging him to fight.

The nephew stepped in and punched Dyball to stop him attacking the stepfather

Dyball retaliated, punched the nephew three times to his head, and the pair fell to the ground in a wrestle.

He then got up, and as the victim lay on the ground, he delivered two heavy stomps to the prone nephew’s face, kicked him in the back and walked outside.

While the family were waiting for an ambulance Dyball then kicked his stepdad.

Police were called and he was arrested and remanded into custody.

The nephew suffered a bloody nose, split lip, bruising to his face and mouth, and pain to his head.

Dyball’s defence lawyer said his client didn’t come before the courts until 2018, but since then his ice abuse, which was now “to some extent under control” had led to the serious offending.

He said the nephew instigated the fight, but Dyball now accepted he had gone too far due to his intoxicated state.

Magistrate Gerard Lethbridge said even though the nephew threw the first punch, Dyball had seriously overreacted in a “cowardly” way.

“You very troublingly stomped on his head and kicked him in the back,” Mr Lethbridge said.

“You could break someone’s skull, and they can die, or become paralysed.

“It was very dangerous behaviour.”

Dyball was jailed for four months minus 80 days he has already served in custody.

He was also fined $1300 and disqualified from driving for 12 months for the stolen motorbike and drug-riding offending.