R v McIvor and Tanuchit

Case [2010] NSWDC 310


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

17 December 2010
JURISDICTION: Criminal
JUDGMENT OF: Williams DCJ at 1
DECISION: 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.
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…

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Details
AGLC
R v McIvor and Tanuchit [2010] NSWDC 310
Case
[2010] NSWDC 310
Decision Date

CaseChat Overview and Summary

The case of R v McIvor and Tanuchit involved a sentencing hearing before the Supreme Court of Victoria following the retrial of the two defendants, McIvor and Tanuchit, on various charges related to slavery offences. The defendants had previously been convicted, but their convictions were quashed and a retrial ordered due to legal errors. The court had to determine appropriate sentences for the defendants on multiple counts related to the possession and use of individuals for slavery purposes, with each count concerning different victims and varying durations of enslavement.

The central legal issues before the court involved determining the appropriate sentences for each offence, ensuring that the sentences reflected the severity and duration of the enslavement, and setting a non-parole period that considered the cumulative impact of the offences and the defendants' prior criminal history. The court had to balance the need for punishment and deterrence with considerations of proportionality and the potential for rehabilitation.

The court, in delivering its judgment, carefully considered the specific circumstances of each victim and the corresponding charges. It allocated sentences for each offence, ensuring that they reflected the gravity of the crimes and the suffering endured by the victims. The court set a non-parole period for each defendant, taking into account the cumulative effect of the offences and the defendants' criminal history. The sentences for the possession and use charges were set to commence from different dates, reflecting the timing of each offence. The court ultimately determined that McIvor would be eligible for parole on 14 June 2016, while Tanuchit would be eligible on 17 December 2015. The total terms of imprisonment for each defendant were set to expire on 14 December 2020 and 17 December 2020, respectively.

Orders

Orders of the court

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.

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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