A repeat sexual offender sentenced to spend a year behind bars was set to be released this week after he served 21 months in custody.

Devaun Cox, 39, was sentenced to 12 months in prison in 2023 after he pleaded guilty to sexual assault which occurred days after he was released on another sex offence.

While Cox was released on probation last January, he was locked up again less than a week later for a breach of his probation order.

At an appeal hearing yesterday, Puisne Judge Juan Wolffe said Cox had effectively served 21 months behind bars.

Mr Justice Wolffe overturned the 12 month sentence and substituted a sentence of 21 months, with time served taken into account, to be followed by a three-year period of probation.

The judge told Cox that he had burnt many bridges through his actions and needed to work on himself to restore lost trust.

“At the end of the day, you will need help,” Mr Justice Wolffe said. “You need to give yourself a chance.

“You need Mr Cox to get out of the way of Mr Cox.”

Cox told the court: “I know it’s not going to be easy, but I’m going to do it.”

The charges related to an incident that took place on May 3, 2023.

The court heard that Cox told the victim, who cannot be identified for legal reasons, that she was looking “real good” and inappropriately touched her over her clothes.

The incident took place just six days after he had been released from prison for an unrelated sexual assault by Cox on a patient at the Mid-Atlantic Wellness Institute in 2021.

Cox was sentenced to a year behind bars for the May 2023 assault, but the Crown launched an appeal against the sentence.

He was released on probation on January 3, 2024, after serving eight months of his sentence, but he was brought back before the courts on January 9, 2024 accused of breaching his probation by missing a mandatory meeting with his parole officer.

He was subsequently ordered to attend Drug Treatment Court, but was rejected by that court for failing to abide by its conditions.

Apart from his brief period on probation, Cox had remained in custody since his arrest in May 2023.

At a hearing yesterday, Mr Justice Wolffe noted that Cox had served well over the 12-month sentence handed down by the Magistrates’ Court.

“Given that, and given that we have to make sure a proper sentence is given, it is my view that the appeal should be granted and I substitute a sentence of 21 months,” he said.

With time served taken into consideration, Mr Justice Wolffe said that “effectively” Cox should be released from custody that day.

“Having said that, it’s my view that he should not be sentenced and released into the community without some assistance,” he added.

“It is my view that attached to the time served should be a probation order with conditions.”

Under the probation order, Cox is required to abstain from drugs and alcohol, take part in random drug testing, wear an electronic monitoring device and undergo any recommended psychological or psychiatric treatment.

He is also not allowed to be within 100ft of the Hamilton Bus Terminal and was ordered not to go into the City of Hamilton apart from when required to attend the Department of Court Services.

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