Tramontano v The Queen

The appellant, Tramontano, was found guilty by a Supreme Court jury of importing a trafficable quantity of cocaine and a quantity of heroin into Australia. He was subsequently sentenced to seven years imprisonment for the cocaine importation and two months imprisonment for the heroin importation, to be served concurrently. A non-parole period of three years and nine months was fixed, with the sentence backdated to 22 October 1999. The appellant appealed against his sentence, arguing it was manifestly excessive.

The central legal issues before the Court of Appeal were whether the sentencing judge erred in fixing the non-parole period and whether the sentence imposed was manifestly excessive. The appeal also raised questions regarding the consideration of a medical condition during sentencing and the application of sentencing guidelines, specifically those in *R v Wong*.

The Court of Appeal allowed the appeal, finding that the sentencing judge had erred in the application of sentencing principles. While acknowledging the seriousness of the offences, the Court determined that there were factors warranting a reduction in the non-parole period. The Court proposed a revised sentence of six years imprisonment for the cocaine importation, to be served concurrently with the sentence for the heroin importation. A non-parole period of three years and two months was fixed, with the sentences deemed to have commenced from 22 October 1999 to account for time already served in custody.