'Non-binary' Syrian learns fate after 'unprovoked' attack on female jogger
Hoyda Hamad, a Syrian national of no fixed abode who has used multiple identities, was jailed for three months on Wednesday over the incident at East Wall Road, Dublin 3, on the morning of July 26 last.
It happened 18 days after he was handed a suspended sentence for an earlier theft crime.
The 35-year-old, a barber by trade, was charged with a section 2 assault, which carries a six-month sentence, as well as 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.
"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. Cloverhill District Court
Hamad pleaded guilty last week, and the case was adjourned until Wednesday for facts and a victim statement.
The woman did not have to attend the hearing or give evidence because of the guilty plea.
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 10.05 am 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.
Gardai attended the scene and Hamad gave a false name and date of birth before being arrested and brought to a station to be charged.
Judge Cronin noted that he 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 July 8. That term could now be activated.
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He 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 July 31 last year.
In a mitigation plea, the defence counsel asked the judge to heed that he 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 he had no prior assault convictions, and should be given significant credit for those factors.
Later in the hearing, the defence described Hamad as non-binary and originally from Syria, having come through France.
Over recent months, the accused had a transient living situation and was in a transient relationship with a supportive partner, counsel said. Hoyda Hamad. (Image: Irish Mirror)
Pleading for leniency, the defence described the situation as a "chaotic set of circumstances". Hamad's recollection of events was minimal, and he was apologetic, and his expression of remorse was evidenced by his 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 his barrister that he wished 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 and that he had none 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 July 26, 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.
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