R v McIvor & Tanuchit [2010] NSWDC 310

New South Wales District Court

CITATION: R v McIvor & Tanuchit [2010] NSWDC 310

JUDGMENT DATE: 17 December 2010

JURISDICTION: Criminal

JUDGMENT OF: Williams DCJ at 1

1. Counts 3 and 4 relate to Mickey who had previous sex work experience. In regard to count 3, intentionally possess, each offender is sentenced to three years imprisonment. In regard to count 4, use, each offender is sentenced to four years imprisonment. Those sentences are to date, for Mr McIvor from 15 December 2005 and for Ms Tanuchit from 18 December 2008. 2. Counts 1 and 2 relate to Yoko who was enslaved for less than a month but was required to do sex work against her will. In regard to count 1, intentionally possess, each offender is sentenced to three years imprisonment. In regard to count 2, use, each offender is sentenced to five years imprisonment. Those sentences are to date for Mr McIvor from 15 March 2009 and for Ms Tanuchit from 18 March 2009. 3. Counts 5 and 6 relate to Susie who was enslaved for about two and a half months. She was also a somewhat older woman. In regard to count 5, intentionally possess, each offender is sentenced to three years imprisonment. In regard to count 6, use, each offender is sentenced to six years imprisonment. Those sentences are to date for Mr McIvor from 15 July 2009 and for Ms Tanuchit from 18 July 2009. DECISION: 4. Counts 9 and 10 relate to Sophie who was enslaved for about five and a half months. In regard to count 9, intentionally possess, each offender is sentenced to three years imprisonment. In regard to count 10, use, each offender is sentenced to eight years imprisonment. Those sentences are to date for Mr McIvor from 15 February 2010 and for Ms Tanuchit from 18 February 2010. 5. Counts 7 and 8 involve the victim Jasmine who endured her plight for about ten months and was additionally subjected to degrading and abusive behaviour. In regard to count 7, intentionally possess, each offender is sentenced to three years imprisonment. In regard to count 8 each offender is sentenced to ten years imprisonment. Those sentences are to date for Mr McIvor from 15 December 2010 and for Ms Tanuchit from 18 December 2010. 6. There is a total effective sentence for each offender of twelve years imprisonment. In accordance with the legislation and taking into account the factors referred to above, I set a single non-parole period for Mr McIvor of seven years and six months to date from 15 December 2008 and to expire on 14 June 2016. 7. In respect of Ms Tanuchit and having regard to the sentence passed on her by Taylor DCJ and given that it is not substantially different to that of Mr McIvor I set a slightly shorter non-parole period of seven years to date from 18 December 2008 and to expire on 17 December 2015. 8. Mr McIvor is therefore eligible for release on parole on 14 June 2016 and Ms Tanuchit on 17 December 2015. The total terms will expire respectively on 14 December 2020 and 17 December 2020.