A man jailed for 18 months after accidentally sending his BlackBerry Messenger contacts a filthy text intended for just his girlfriend has been freed on appeal.
Craig Evans, 24, a swimming coach from Birmingham, was imprisoned after he sent everyone in his contacts book a note asking for "skin on skin" sex and querying whether they would prefer it "fast or slow".
But because two of the recipients of the text were girls aged 13 and 14, the message landed Evans in Birmingham Crown Court where he was convicted on two counts of inciting minors to engage in sexual activity. The judge sentenced Evans to 18 months in jail on 27 July.
But he was freed from prison last week by the Court of Appeal after his lawyers attempted to overturn the conviction, officials confirmed to The Register. Lord Justice Elias said the blunder was down to "misguided use" of the BlackBerry, the Daily Mail reported.
The three appeal hearing judges, who were told Evans sent the saucy message to his family as well as his BBM pals, decided to cut his jail time to nine months and made it a suspended sentence, allowing Evans to walk free from court. He is subject to an 18-month supervision requirement. ®