David Phillips

David has extensive experience of Court Martial work.  

David has experience in working with vulnerable witnesses including in the child sexual assault schemes in England and NSW.

Qualifications: BA (Mil) UNSW/ Duntroon, Dip Law (SAB/Syd), Dip Forensic Medical Science, Dip Refugee Law (IIHL), LLM (Maritime) (Merit) (Lon). Member of Chartered Society Forensic Scientists

SIGNIFICANT CASES

Elphick v Payne (2025).  Parenting trial before Tier 1 justice of Family Court.

R v Douglas (2025).  Defended aboriginal man accused of sexual assault in Port Macquarie.

R v VN (2025). Defended young Polynesian man accused of sexually assaulting two child cousins, under the CSEOP scheme.  This case involved a successful application to recall a complainant after a the first pre recorded evidence for further cross-examination.

R v CL (2025) Criminal Court of Appeal.  Interlocutory appeal by Crown in Murder case against severance ruling. Appeared for aboriginal defendant.

R v Slattery (2023) Criminal Court of Appeal.  Appeal against finding in Fitness to Plead case.  Case in respect of Catholic priest at boarding school.

R v Slattery (2023) Mental Health Tribunal. Case involved seeking housing at non-government aged care facility.

R v SC (2021).  Defended man accused of sexually assaulting children. Case was involved a defendant with significant intellectual disabilities in the Child Sexual Assault Scheme.  Successfully obtained special measures in the form of an intermediary to assist defendant give his evidence.
On retrial in 2024 acquitted.

Basic v Local Court (2020) Supreme Court Of NSW.  This case involved a judicial review to the Supreme Court in relation to a decision by a Magistrate not to award costs upon the dismissal of proceedings.

R v Cunneen (2019). Defended former Catholic priest charged with historic sexual offences at Parramatta District Court.  Case involved abuse of process application, a challenge to grounds of extradition from NZ, and an autrefois acquit argument (charges dismissed at earlier trial).

R v Tran (2019).  Prosecution. The case involved a special hearing to determine whether defendant was NGMI.  Involved an unprovoked attack in Hyde Park.  Case involved psychiatric evidence.

R v Cavanagh (2019). Prosecution at special hearing.  Defendant not fit to plead.  Issue was whether on limited evidence the offence was proven and whether NGMI was available.  Case involved psychiatric evidence.

R v Marwan (2019).  Prosecuted rape case involving an allegation of a male tourist raping a female tourist.  The case involved pretrial argument as to the nature of the Crown’s duty to obtain and disclose documents not held in the jurisdiction. The Defence had filed a temporary stay application.

R v Gurung (2018).  Defended a Gurkha soldier charged with controlling behaviour in respect of his Nepalese wife.  Soldier tried at Portsmouth CMC acquitted of main offence but sentenced on plea to single count of battery. Released on good behaviour bond.

R v Morgan and Henderson (2018).  Prosecuted successive trial at Is Wight and Portsmouth Crown Court for possession of Class A drugs, intent to supply.  Police had interdicted a large importation and supply warehousing operation on the Is of Wight connected with annual festival. Defendants were principles.  Case involved a trial in absentia in respect of one of the accused who left country on bail.  Case relied on circumstantial evidence.

R v Philpotts (2017/ 18). Prosecuted former RAF scout leader for indecently assaulting boy scouts in Germany in 1980s. Case raised interesting matters in respect of other bad character evidence in respect of scouts in the 1980s and more recent offending being considered by the CPS, but no convictions.

Prosecuted Philpotts for further historic sexual offending on children in Lakes District at Carlisle Crown Court in 2018.

R v Townshend (2017). Junior to Nigel Lickley QC (now HHJ) in prosecution of RAF pilot responsible for Voyager Airbus 330 going into uncontrolled dive over the Black Sea. 4 weeks trial involving allegations of perjury and negligent flying. Case involved detailed expert evidence.

R v Gillie and Cooper (2017).  Prosecution of two British teenagers for raping two British female teenagers.  Case involved waiver of jurisdiction by Cyprus.  Trial conducted at British Sovereign Base Area in Cyprus utilizing UK civil servants as jurors. 

R v Dawson (2016). Prosecuted a former dependent (minor aged 13 at time) for the indecent assault of 6-year-old girl in Germany in 1980s.

Judge stopped at half time on basis that doli incapax evidence insufficient. Appealed decision and overturned terminating ruling at Court of Appeal presided over by the LCJ. Case also raised argument about Hale’s presumptions in respect of a boy under 14 being able to commit rape.

NSW Supreme Court authorities cited in support.

R v Rowe (2015). Royal Marine Warrant Officer accused of stealing from USMC PX store in California, while on exercise. Defence application based on psych and medical evidence was that he was suffering from a state of non-insane automatism, and dissociative states as a result of dehydrations and immediate stress leading to extreme panic attack. Defence called a physiologist to give opinion that accused was suffering from dehydration leading to non-insane automatism. This opinion evidence struck out in re trial argument on basis that physiologist not qualified to make such a diagnosis. At trial Defence psychiatrist accepted that not a case of non-insane automatism. Remaining issue was whether accused was in a dissociative state or rather was this a case of psychiatric malingering. Defence also argued pretrial that evidence collected by US police failed to comply with PACE. It was sufficient that US police complied with Miranda v State of Arizona [1966].

R v Shuttlewood (2015). Multiple rape allegation by older boy on young underage females in Germany. This was a case of grooming, and the argument was that victims did not have the freedom to consent. 

R v Shaw (2014). This was an attempt murder case. Soldier delivered severe kicking to head of another soldier in Cyprus when in drink. Victim suffered severe brain damage. Only witness was accused’s wife. Accused and wife made admissions to Cypriot police. Investigated by Cypriot police under Judges Rules. Argument about causation and intent relied on forensic medical evidence. Significant pretrial argument about       admissibility of Cypriot evidence, s78 applications to exclude.

R v Graham (2014). RAF Scout leader in West Berlin in 1983-87, sexually assaulting cubs and scouts. Pleaded to some but not others. 7 complainants at trial with another 4 complainants pleaded to. Case relied on successful bad character applications based on similar fact evidence.

This was a Court Martial with a civilian jury.

R v Beddoes [2013 [2013] Court of Appeal England. Fitness to plead application by defence. Accused charged with perverting course of justice on false rape allegation. Accused held fit to plead. Defence unsuccessfully appealed to Court of Appeal.

R v Sgt Blackman. (2013) [2014] Court of Appeal England. Junior in murder trial to David Perry QC  Sgt convicted of murdering captive wounded Taliban. Appeared unled in Court of Appeal.

R v Neil [2011] CMAC. Appeal against conviction for GBH in Germany. Court of Appeal judgement given by Hughes LJ. Appeal dealt with two issues, firstly identification evidence and secondly admissibility of German Civilian police evidence.

R v Twaite [2010] Court of Appeal England. Responded to appeal challenging constitution of Court Martial with a bare majority verdict. Majority verdict upheld.

R v SSgt R (2004). SAS pilot piloted helicopter while in drink crashing on border of Northern Ireland. Charge loss of Her Majesty’s aircraft. Issue intentional and negligent conduct.

Graham Taylor v Phillip Ruddick (Minister for Immigration) [1999/2000] nisi application judicial review in High Court of Australia. This was an application in respect of a decision deport a resident UK Citizen who had lived in outback Australia since age of 7 now aged 40. Federal Court jurisdiction restricted by statute. Obtained stay of proceedings in Federal Court in respect of deportation pending application to High Court. Nisi order obtained single Justice High Court for writs of prohibition, certiorari, mandamus, and habeas corpus.