Court / Man sentenced for possession of child sexual images

A TWENTY two year old man who downloaded sexual images and videos of children has been given a community payback order with supervision and unpaid work.

Kyle McKinnon, of Yell, was also placed under an order to allow the installation of remote monitoring software on any of his devices capable of accessing the internet, while he is also not entitled to enter any school playground.

He previously admitted possessing images of children as young as 12-18 months old, and of videos of children that were as young as four years old.

McKinnon had admitted possessing indecent images of children on or between 17 January 2017 and 6 April 2025.

He also pleaded guilty to taking, or permitting to be taken, indecent images of children on or between 17 January 2017 and 17 April 2025.

In total, 248 still images and 101 videos – with a total run-time of four hours, 13 minutes – were found on his iPhone device.

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The case had been deferred to today (Wednesday) for the preparation of a criminal justice social work report.

Defence agent Tommy Allan said described McKinnon as someone who was “fairly isolated throughout his adolescence”.

By his own admission, McKinnon became “addicted” to these types of images, the court heard, at the age of 14 – but he feels “shame” about it and is actively looking to do something about it.

“This is somebody seeking help,” Allan said.

The solicitor also highlighted how the criminal justice social work report recommended a community payback order as a sentence.

Sheriff Philip Mann said the case involved “very serious offences” that could normally merit a custodial sentence.

“I don’t think any sheriff could be criticised for that,” he said.

But Sheriff Mann told the court that there needed to be regard given to English sentencing guidelines, which says that custody can be avoided in “compelling circumstances”.

The sheriff said in his view McKinnon’s case fell under this category due to his “addiction” stemming back to when he was only 14.

But procurator fiscal Duncan Mackenzie said he took a “degree of exception” to the term addiction in this instance.

Mackenzie highlighted how McKinnon was involved in group chats about accessing material, which he said was an indicator more of sexual gratification than merely an addiction.

He also said the social report noted concerns over previous behaviour too.

Sheriff Philip Mann placed McKinnon under supervision for three years, which was the maximum available, and gave him 300 hours of unpaid work to complete.

He was placed under a sexual harm prevention order for five years, which includes the requirement to allow the installation of remote monitoring of devices and prohibits access to any school playground without the written consent of the police.

McKinnon was also placed on the sex offenders register, while forfeiture was granted of a mobile phone.