A paedophile caught taking a lewd selfie in the presence of a child in Dundee has been placed on curfew.
John Milne captured himself, on a sofa, clutching his genitals, while a young child was on the other end of the couch.
A vile stash of child abuse images were found on two mobile phones following a raid by police.
The 28-year-old pled guilty in May at Dundee Sheriff Court and was warned he was at risk of a prison sentence.
Phones seized
The court was told how two iPhones were seized from Milne following the raid on his home address.
Videos and images of boys, from babies to 11-years-old, being abused were discovered.
On the second phone, police found a folder containing more sick material including the image of Milne on a sofa exposing himself, with a child nearby playing computer games.
There was also evidence of a five-second video clip of the child, naked from the waist down, playing a games console.
Milne admitted taking or making and possessing abuse material between October 2017 and February 2021.
He also admitted that in 2017 or 2018, he engaged in sexual activity in the presence of a young child – aged four or five – by taking the lewd photograph of himself.
Milne returned to the dock for sentencing following the preparation of a social work report and a Tay Project assessment.
Mental health
Solicitor Anika Jethwa said her client has significant mental health issues, along with complications from a brain injury suffered in 2016.
She said Milne had struggled with alcohol and drug abuse but his personal circumstances had improved.
“He is taking responsibility and he’s not blaming anyone else.
“He has been open and honest with the author of the social work report about his offending.”
Sentences weighed up by sheriff
Sheriff Tim Niven-Smith said Milne’s honesty with the social work department was “commendable” and said it differed from other people convicted of similar offences.
“The public become anxious and outraged where the court does not impose draconian custodial sentences in these types of cases.
“It’s me who is tasked by the Scottish Government to sit impartially and consider what the appropriate sentence in individual cases are.
“In applying my experience, I recognise custody could be imposed in your case having regard to the depraved nature of the offending.”
The sheriff added: “You have come to recognise that they are real individuals, real children – usually from impoverished backgrounds – being abused by criminal gangs to make money.
“You are a first offender. You have, since the commission of these offences, managed to stay out of trouble and are prepared to actively engage in discussing your offences with the aim of being rehabilitated.”
Milne was placed on a restriction of liberty order (9pm to 6am) for 155 days.
He was made subject to a community payback order for three years, which includes supervision and a conduct requirement restricting his internet access, and was placed on the sex offenders register for five years as an alternative to custody.
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