John Phillips (jurist) - Judicial Career

Judicial Career

Phillips was appointed to the Supreme Court of Victoria in 1990. In 1995 he was appointed as one of the first judges to the newly created Court of Appeal as a judge of appeal. This court acted as a permanent appeal court for the State of Victoria. Phillips also was appointed to the court’s Rule Committee. This committee was responsible for drafting and issuing rules relating to the procedure of the Supreme Court. In later years, Phillips became the chair of the committee for several years.

Phillips dealt with many cases during his judicial career. Two cases attracted media attention. In 2003, Phillips was a member of the appeal court which imposed what is believed to be the highest sentence imposed in Victoria for incest. The court imposed a sixteen-year imprisonment with a minimum term of thirteen and a half years. The court increased the previous sentence by four years for a man who abused six children in his care for more than 16 years.

In the same year, Phillips was also a member of the appeal court which refused a prosecution appeal against the decision of a County Court that allowed four young men to escape convictions for armed robbery. The appeal court concluded that the trial judge had properly exercised his discretion in not convicting the four men. In Victoria, armed robbery carries a prison term of up to 25 years. However, the appeal court warned that "in all but the most exceptional case" armed robbers should expect to be convicted.

Phillips retired from the court in May 2004 as a permanent judge as his had reached the statutory retirement age for judges. He returned in October 2004 to the Supreme Court as a reserve judge. He retired as a reserve judge in 2005.