A judge has imposed a ten-year jail term on "a prolific, recidivist offender" who broke into a doctor's home in Limerick in 2024 and stabbed him multiple times.
Mr Justice David Keane said the victim's survival, despite the "extreme and excessive violence" used, was a matter of luck rather than judgement on behalf of Dean Hayes, who has an "entrenched criminal history".
At the Central Criminal Court, the judge said it was "particularly concerning" that the defendant - who has spent 90% of his life in custody - had burgled and ransacked a neighbouring bungalow in 2009.
In a victim impact statement, delivered last month, Waleed Mustafa said it was a "miracle" that he was not killed that night.
The court was told that Hayes was armed with a knife when he entered the doctor's bedroom, who was watching YouTube.
The victim said he felt that his attacker was going to kill him and was intent on seeking revenge for something.
Dean Hayes, of Lee Estate, Island Road in Limerick, was originally charged with the attempted murder of 45-year-old Waleed Mustafa at Newcastle, Dublin Road, Castletroy, on 20 June 2024.
However, when arraigned last October, the 37-year-old pleaded guilty to lesser charges.
Senior Counsel Ronan Kennedy, prosecuting, told the court that the Director of Public Prosecutions
(DPP) was entering a nolle prosequi on the attempted murder charge, meaning the State would not proceed with that count against Hayes.
Victim suffered 'grave psychological harm - judge
Before handing down sentence, Mr Justice Keane noted that the victim had received multiple stab wounds to the abdomen, upper back, arms, neck, forehead and fingers.
He said a doctor who treated the victim had described the injuries as being high-risk wounds.
"Fortuitously", the judge said, there was no injury to the internal organs of the abdomen.
The judge said the victim impact statement made it clear that grave psychological harm was suffered.
He said that Mr Mustafa was diagnosed with hypertension, had become more withdrawn, and now avoided interaction with people.
The doctor has a persistent insecurity and no longer feels safe in his own home, Mr Justice Keane added.
He pointed out that CCTV footage showed Hayes, who was under the influence of intoxicants, had unsuccessfully tried to enter a neighbouring bungalow before the attack.
Furthermore, the judge said, it was "particularly concerning" and an aggravating factor that the defendant had burgled and ransacked the neighbouring bungalow in 2009.
The attack was "entirely unprovoked, vicious and sustained" and it was unclear why Hayes chose to maintain the vicious assault on Mr Mustafa, obtaining a second weapon rather than retreating, he said.
Mr Justice Keane set the headline sentence for assault causing serious harm at 15 years imprisonment.
On the second count, of aggravated burglary, the judge said that Hayes had a knife with him when he entered the victim's home and used extreme and excessive violence on him.
He said the appropriate headline sentence was also 15 years imprisonment.
High risk of reoffending by Hayes, court told
Mr Justice Keane noted that the most significant mitigating factor was Hayes' admission of guilt.
He said the defendant did not deserve credit for previous good character, as he has 129 previous convictions since 2003.
These include 17 for burglary, 66 for theft, two for aggravated burglary, three for robbery, two for assault causing harm, and five for possession of drugs for sale or supply.
The judge said the DPP had submitted that certain previous convictions were partly relevant, including that the property directly adjacent to the victim had been burgled by the defendant in 2009.
He said nothing had been taken but that the property had been ransacked.
The judge said a probation report noted that Hayes had limited recollection of the offence due to the level of his intoxication, having consumed vodka and tablets.
Mr Justice Keane said that Hayes had been back in the community less than 12 weeks when he committed the offences.
A probation report, the judge added, found that Hayes was "a prolific, recidivist offender" for 20 years and had a chronic drug addiction, which increased his impulsivity.
The Probation Service, he said, also classified Hayes at a high risk of reoffending over the next 12 months due to his "entrenched criminal history" and chronic drug and alcohol addiction.
The judge said Hayes had spent 90% of his life in custody - first in juvenile detention and then in prison - and substance abuse had been a key feature of it.
A probation report found the defendant began using cannabis at the age of nine and experimented with other drugs from 12 years old.
Mr Justice Keane said Hayes had declined addiction support and psychology services in prison.
The defendant's compliance with the Probation Services had been sporadic, the judge said, and it was likely that he would require a level of support upon his release from prison.
He imposed concurrent sentences of 12 years imprisonment, with the final two years suspended, and backdated them to June 2024.
