A 35-YEAR-OLD HAS been jailed for three months for a random “unprovoked” attack on a woman while she was jogging in Dublin.

Hoyda Hamad, of no fixed abode, was jailed for three months today over the incident at East Wall Road, Dublin 3.

“This was an unprovoked attack on a female member of the community who was going about her own business, out for a jog, and was attacked by someone who was unknown to her, and suffered pain and suffering,” said Judge Patricia Cronin at the sentence hearing at Cloverhill District Court

Hamad pleaded guilty last week, and the case was adjourned for facts and a victim statement.

The woman did not have to attend the hearing or give evidence because of the guilty plea.

Hamad had been charged with a section 2 assault and with providing a false or misleading name and address to a member of An Garda Síochána and with using threatening, abusive, or insulting words or behaviour.  

Court Sergeant Olyn Murphy outlined the prosecution’s evidence on behalf of investigating officer Garda Ruth Redmond.

Judge Cronin heard that the incident happened at around 10.05am when the defendant assaulted the woman “by kicking her in the stomach, causing her to fall back on the ground,” and Hamad was verbally abusive toward her.

She also suffered a back injury, a swollen finger, and her head was “throbbing” after being attacked by Hamad.

Gardaí attended the scene and Hamad gave a false name and date of birth before being arrested and brought to a station to be charged, the court heard.

Judge Cronin noted that the accused had two sets of prior convictions, one under the name Hamad with two theft convictions which led to the imposition of a two-month sentence, suspended for one year, in Wexford District Court on 8 July. That term could now be activated.

Hamad also committed several other crimes under a different name: three for vehicle theft and driving offences, one for drug possession, another for burglary, one trespass and another for failing to provide a passport as required. That resulted in a 10-month prison sentence from Cork District Court on 31 July last year.

In a mitigation plea, the defence counsel asked the judge to heed that Hamad had pleaded guilty at an early stage, which was valuable given the moving victim impact statement, which was not read aloud during the hearing.

The defence stressed that Hamad did not prolong the ordeal for the woman who did not have to testify, and that there were no prior assault convictions on record, and that the defendant be given credit for those factors.

Later in the hearing, the defence described Hamad as non-binary and being originally from Syria. Over recent months, the accused had a transient living situation and was in a transient relationship with a supportive partner, counsel said.

Pleading for leniency, the defence described the situation as a “chaotic set of circumstances”. Hamad had a minimal recollection of events and apologetic, and the expression of remorse was evidenced by the early guilty plea, the barrister submitted.

The accused had been remanded in custody on the date of the incident.

Hamad did not testify and spoke only to instruct the barrister of wishes to have the case finalised.

Judge Cronin remarked how the victim’s statement was eloquent and outlined the psychological and physical injuries, “significant impact”, and the life changes the woman made since the attack.

The judge found her account to be honest and not exaggerated, and she took notice of the fact that her employer was assisting her in getting counselling.

Sentencing, the judge took into account Hamad’s plea and prior convictions, including that none had been under the Non-Fatal Offences Against the Person Act or similar public order matters.

The early guilty plea meant the victim did not have to come to court, she noted.

However, she had to take into account all the circumstances and the mitigating factors. The sentence was backdated to 26 July and the judge expressed her wish for the woman to know that she was well in her recovery.

The three-month term was handed down on the assault charge, with the two remaining offences taken into consideration.