SENTENCING STATEMENTS
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HMA v Salvatore Lupi
Aug 13, 2024
On sentencing, Lord Colbeck told Lupi:
“Salvatore Lupi, on 9 July 2024 you pleaded guilty to three charges under the Firearms Act 1968 - a charge of having in your possession, without the authority of the Secretary of State or Scottish Ministers, prohibited weapons, namely, nine smooth bore “Zip” type guns; and two charges of possessing ammunition without holding a firearm certificate.
You are almost 39 years of age. You have one non-analogous previous conviction from 2015. Your position is that the items in question belonged to a friend of yours who you had known for many years. He had fallen on hard times, and had drug, alcohol and mental health issues. He had been thrown out of his mother's house – having been living between there, a hostel, and his girlfriend’s house.
He asked to stay with you and you agreed. He brought with him the firearms and ammunition. You knew they were firearms. You thought they would be better in your house than elsewhere when your friend moved on and agreed to keep them; doing so for a few months.
Charge [001]
As you were over 21 when this offence was committed, the court is required to sentence you to a minimum of five years’ imprisonment, unless there are exceptional circumstances relating to either you or to the offence which justify the court not doing so.
In that regard, I have taken account of your explanation for possessing the items in question; the contents of the CJSWR; and to all that has been said on your behalf, both on the last occasion and today, by Mr Macleod.
In light of that, I am not satisfied that there are exceptional circumstances relating to either you or to the offence which justify the court not imposing the minimum sentence stipulated by law.
Having regard to your co-operation with the police and the timing of your pleas of guilty, I am satisfied that the minimum sentence is sufficient punishment in this case.
In relation to charge [1] you will go to prison for a period of 5 years.
Charges [002] and [003]
In respect of each of charges [2] and [3] you will go to prison for a period of 6 months. Those sentences will run concurrently with that imposed on charge [1].
Summary
Accordingly, the sentence of the court is one of 5 years imprisonment which will run from 23 October 2023, the date upon which you were remanded in custody.”
13 August 2024