A man has been acquitted of indecently sending a sex toy to his former partner’s workplace after a blunder by prosecutors.

Nicholas Field was accused of sending an Anne Summers sex toy to Bryony Hallum in Didcot on February 8 last year.

The court heard that the 21-year-old’s defence was that the item was sent as a “joke” and he was due to stand trial on Monday this week.

However, in a last minute “ambush”, a Crown Prosecution Service lawyer said the charge against Field, which he denied, needed to be changed.

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The charge against Field had originally read that he had sent an article which conveyed a message which was indecent or grossly offensive for the purpose of causing distress or anxiety to the recipient.

Amy King, prosecuting, said: “In essence the charge is malicious communications, the complainant and the defendant were in a brief relationship.

“Mr Field sent a sex toy to Ms Hallum’s place of work. There was no particular message in the sex toy. It is the sex toy that is the issue.”

Ms King asked for the charge to be changed to state that Field had sent a sex toy which was in whole or part of an indecent or wholly offensive nature.

“By amending this charge, the defence faces no prejudice”, Ms King argued. “The defence case, which is that it is a joke, is the same.”

However defence lawyer Paul Cantrill opposed the amendment to the charge, stating the prosecutors had only realised they had made a mistake because he pointed it out.

Mr Cantrill said: “The Crown completely missed the fact that the working in this charge was wrong.

“I have been preparing this case. I was confused by the way the charge was read out. 

"It has made things unclear and unfortunately has made things difficult for the defence. 

“It is for you to decide if, one year and five days after the event, at the very last minute, it is appropriate for the prosecution to amend the charge. In my submission, it is not.”

The magistrates retired to consider the application as Field, of Green Lane, Newbury, Berks, waited in the dock at Reading Magistrates Court.

After a brief adjournment, presiding magistrate Lorna Patterson told the court: “We are very conscious that this has gone on for one year and five days. That is a very long time for the charge to have remained unchanged.

“All preparations for this trial have been made in consideration of that charge. There has been an ambush on the day of trail and we also noted it had to be pointed out by the defence.

“We therefore believe it is not in the interests of justice to amend the charge and the trial will go ahead on the charge in front of us.”

Ms King left the court to consult with CPS bosses and revealed that in light of the magistrates’ decision, the Crown would offer no evidence.

The charge against Field was dismissed and he was free to leave the dock, while Ms King went to speak with the complainant, who had attended court to give evidence in the trial.