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Appeal allowed: errors corrected, sentences restructured. KHALOUF, Ali - NSW SC, O'Keefe J, 29.1.2002Citation: R v Khalouf  NSWSC 19Remarks on Sentence. Applicant on remand, facing committal proceedings following threatening 3 youths with a firearm as well as a large number of people at a hotel.Whilst at the hotel he struck one patron on the head with the butt of the firearm, causing a fracture & other injury.
“Despite what we see on TV, the presence of a firearm is a greater risk, especially in the hands of an untrained person,” said Chipman.Although Parker was armed and held a concealed carry permit, he stayed hiding in a classroom.Parker’s years of training alerted him to the fact that opening fire on the gunman could likely do more harm than good.Since the revocation of bail, applicant has been committed for trial.Applicant's case for special facts or special circumstances was that relevant information was now available which was not known to applicant or reasonably ascertainable by him prior to the committal hearing.He also threatened police officers with the weapon.
He loaded the weapon & subsequently threatened 2 further police officers.
“I think there’s this fantasy world of gunplay in the movies, but it doesn’t really happen that way.
When I heard gunfire [in Iraq], I didn’t immediately pick up my rifle and react.
I first tried to ascertain where the shooting was coming from, where I was in relation to the gunfire and how far away it was,” said retired Army Sgt. “I think most untrained people are either going to freeze up, or just whip out their gun and start firing in that circumstance.
I think they would absolutely panic.” Many combat veterans believe that civilian “good guys” taking on the “bad guys” during an active shooting isn’t as simple as it seems in movies and video games.
Application for bail not entertained following an earlier order of the SC revoking bail - no question of principle.