Audrey Cherryl Mogan is a criminal defence barrister with particular expertise defending victims of trafficking, protestors, and vulnerable defendants, including those with mental health issues and drug addiction.
Audrey won Legal Aid Newcomer of the Year at the Legal Aid Lawyer of the Year Awards 2021.
Her background in international armed conflict, European human rights law, deportation and asylum, makes her qualified to advise on these matters within a criminal context and she is currently the 2020/21 Griffins Fellow undertaking research on trafficking and modern slavery.
Audrey regularly appears before the Crown Court, Youth and Magistrates’ courts, and has appeared in the Court of Appeal and High Court representing clients in relation to a wide range of offences.
Criminal Defence
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Protestor acquitted of causing criminal damage on a joint enterprise basis at Brazilian Embassy
R v RB [2021] Southwark Crown Court
Protestor charged with committing criminal damage at the Brazilian Embassy by assisting and encouraging others to commit criminal damage, namely on a joint enterprise basis. He was acquitted at Southwark Crown Court in a unanimous verdict. Read more here.
Successful appeal against conviction for domestic burglary charges. Court of Appeal gives guidance on ‘dwelling’.
Chipunza v R [2021] EWCA Crim 597
Successful appeal against conviction for burglary of a dwelling. In finding that the conviction was unsafe, the Court of Appeal gave guidance on whether a hotel room could constitute a 'dwelling' for the purposes of burglary, and guidance on what factors a jury or court ought to consider.
Father of three acquitted of going equipped to burgle.
R v RT [2021] Aylesbury Crown Court
Defendant, a father of three and visitor to the UK, was arrested shortly after arrival in the company of others ongoing equipped for burglary charges. The Defendant was held in custody for a significant due to COVID19. Successful admissibility arguments during the trial led to exclusion of evidence, and through careful cross-examination and detailed and persuasive closing arguments, the defendant was acquitted of all charges and immediately released.
Conspiracy to commit armed robbery
R v LM [2021] Inner London Crown Court
Instructed in multi-defendant case, where Defendant charged with conspiracy to commit armed robbery in which the prosecution offered no evidence.
Young defendant unfit to plead charged with kidnapping offences
R v BC [2020] Guildford Crown Court
Defendant charged with two counts of kidnapping and five counts of breaching Sexual Harm Prevention Orders. Pursued evidence that the Defendant was not fit to plead and appointed as Advocate. After legal argument and discussion, counts reduced to attempted kidnap and two breaches. Defendant given a s.37 Mental Health Act Order, with a s.41 restriction.
Suspended sentence for class A drugs supply for Defendant with significant health condition
R v MG [2021] Isleworth Crown Court
Defendant pleaded guilty to class A drugs supply charges, including two counts committed whilst he was on bail. The Defendant suffered from significant physical and mental health conditions. After pursuing extensive evidence of his conditions, including advising a number of expert reports, a detailed sentencing note was submitted relying on the principles in Bernard and Qazi. Defendant received a two-year Suspended Sentence Order.
s.18 Grievous Bodily Harm trial
R v MM [2021] Harrow Crown Court
Vulnerable Defendant charged with s.18 Grievous Bodily Harm after stabbing. After instructing experts to provide detailed reports of vulnerability and mental and physical health issues, and detailed sentencing note provided to the Court, Defendant sentenced to 6-years imprisonment.
Application to vacate guilty pleas to threats to kill granted. Prosecution offer no evidence after submissions on reliability of evidence.
R v FC [2020] Isleworth Crown Court
Defendant entered guilty pleas to a series of offences of harassment and threats to kill over prison video link. Raised issues of mental health and intoxication, and significant evidential issues in relation to the evidence of threats to kill in detailed written and oral submissions. Application to vacate guilty plea to threats to kill granted. Prosecution considered submissions on evidence and offered no evidence.
Successful argument that two speeding offences were in fact ‘one continuous journey’.
R v CM [2020] Manchester Crown Court
Appeal against conviction from the magistrates’ courts in Manchester and Bradford, for two speeding offences. Written and oral submissions argued that in fact it was one continuous journey and therefore should attract only one conviction and penalty. Appeal upheld and second conviction and sentence overturned.
Defendant acquitted of assaulting emergency workers after comprehensive cross-examination
R v HLS [2020] Wood Green Crown Court
Defendant charged with two counts of assaulting an emergency worker. Successful half-time submission detailing lack of causation at the close of the prosecution’s case, resulted in one count dismissed. Detailed cross-examination of officers, with second examination of the CCTV and Body Worn footage evidence in the case, led to Defendant unanimously acquitted of all charges.
Vulnerable Defendant acquitted of possession of offensive weapons, after successful argument to exclude statements made after arrest
R v NC [2020] (Southwark Crown Court)
Defendant was found with alleged makeshift weapon after a squat party and was asked detailed questions by officers, who failed to caution the Defendant appropriately. Successful legal argument led to the exclusion of the ‘verbals’. Defendant unanimously acquitted.
Defendant acquitted of coercive controlling behaviour.
R v AR [2019] (Wood Green Crown Court)
Sensitive cross-examination of 11-year witness required. Defendant acquitted of coercive and controlling behaviour and two counts of common assault.
Concurrent sentences after defendant entered guilty pleas to drugs supply
R v RW [2018] (Bristol Crown Court)
The Defendant, a serving prisoner, entered guilty pleas to two counts of possession with intent to supply class A drugs, and two counts of being concerned in the supply of class A drugs. Persuaded the Court to make the sentence concurrent on the basis that it would be undesirable to pass a determinate sentence following an extended sentence.
Successful appeal against convictions for two public order offences
R v NB [2018] (Kingston Crown Court)
Successful appeal against conviction of racially aggravated s.5 public order, and a simple s.5 public order offences, homophobically aggravated. Court accepted submissions that the phrasing of the simple s.5 public order offence was wrong in law.
Defendant acquitted of all offences on appeal, two counts after successful half-time submissions
R v MA [2017] (Kingston Crown Court)
Successful appeal against conviction of defendant on one count of common assault, two counts of assault PC, and one count of criminal damage. Court upheld a submission of no case to answer on one count of assault PC and the criminal damage.
Trial and plea re-opened as defendant's fair trial rights had been breached
R v FS [2017] (Folkestone Magistrates Court)
Defendant charged with dangerous driving. Persuaded the Court to order a re-trial, and re-open plea before venue, due to breaches of the defendant's right to a fair trial, especially the lack of an interpreter.
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Criminal Appeals
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Court of Appeal Criminal Division
Successful appeal against conviction for domestic burglary charges. Court of Appeal gives guidance on ‘dwelling’.
Chipunza v R [2021] EWCA Crim 597
Successful appeal against conviction for burglary of a dwelling. In finding that the conviction was unsafe, the Court of Appeal gave guidance on whether a hotel room could constitute a 'dwelling' for the purposes of burglary, and guidance on what factors a jury or court ought to consider.
High Court Case Stated Appeals and Judicial Review
Stonehenge Protestors argue effective exclusion from site of worship
Halcrow & Anor v Crown Prosecution Service [2021] EWHC 483 (Admin)
Appeal against conviction for breach of Stonehenge Regulations by practising Pagans and Druids, raising the issue of whether the restrictions on entry to the Stone Circle impermissibly infringed the appellants' rights under articles 9 (freedom of religion and conscience), 10 (freedom of expression) and 11 (freedom of assembly) of the European Convention on Human Rights.
Successful emergency judicial review to release defendant after acquittal for common assault
R v AJ [2018] (Westminster Magistrates' Court)
Secured acquittal of defendant on two counts of common assault. The defendant had been remanded in custody pending trial. The acquittal came in at 5.30 pm on a Friday and the prison claimed they were unable to process the defendant's release until Tuesday, it being a Bank Holiday weekend. Worked with solicitors to lodge a successful emergency judicial review on habeas corpus grounds and relying on Article 5 (right to liberty) of the European Convention on Human Rights. High Court Judge made interim relief Order for the defendant's immediate release. Governor of the prison attended to ensure his release on the Saturday.
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Protest Rights
Overview
Audrey defends in a number of cases where arrests arise out of protests, including on a pro bono basis, and is currently instructed in a number of high-profile serious protest cases in the Crown Court. She has previously acted for Stonehenge, DSEI, Extinction Rebellion, BLM, Beyond Politics, Palestine Action, HS2, Jones Hill Woods and Heathrow Pause protestors.
Audrey is a Director at Black Protest Legal Support, an organisation formed in the wake of the BLM protests of 2020, where she trains legal observers and provides legal assistance. Audrey has spoken about the right to protest at seminars for organisations and universities, such as NGO Article 11 and Queen Mary Law School.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Protestor acquitted of causing criminal damage on a joint enterprise basis at Brazilian Embassy
R v RB [2021] Southwark Crown Court
Protestor charged with committing criminal damage at the Brazilian Embassy by assisting and encouraging others to commit criminal damage, namely on a joint enterprise basis. He was acquitted at Southwark Crown Court in a unanimous verdict. Read more here.
Stonehenge Protestors argue effective exclusion from site of worship
Halcrow & Anor v Crown Prosecution Service [2021] EWHC 483 (Admin)
Appeal against conviction for breach of Stonehenge Regulations by practising Pagans and Druids, raising the issue of whether the restrictions on entry to the Stone Circle impermissibly infringed the appellants' rights under articles 9 (freedom of religion and conscience), 10 (freedom of expression) and 11 (freedom of assembly) of the European Convention on Human Rights.
Appeals upheld for Spring Rebellion Extinction Rebellion protestors
R v SH & TG [2021] Southwark Crown Court
Extinction Rebellion protestors successfully appealed against convictions for breaching conditions imposed on protests during the Spring Rebellion in April 2019, one of the largest coordinated protests in decades. Protestors were demanding urgent action over the escalating ecological crisis and the case raised important arguments on the right to protest and blanket bans.
Following legal argument the court was not satisfied the police gave any consideration to imposing less intrusive conditions on protests at Parliament Square and were not satisfied that the order at Oxford Circus remained proportionate due to a lack of review. Click here to read more about the case.
Stonehenge protestor acquitted of assault charges
R v LM [2019] (Salisbury Magistrates Court)
Defendant charged with assault against a security guard at Stonehenge during the course of a protest by the defendant who is a Druid protestor. Case highlighted the increasing aggression against Druid and Pagan protestors at Stonehenge. After detailed cross-examination and examination of video footage, Defendant was acquitted on all counts.
Crown fail to disclose vital evidence in protest case defending the Great Crested Newt
R v AB [2019] (Teeside Crown Court)
Protestor acquitted on appeal of obstruction of a highway charge, having engaged in a lock-on protest to protect the habitat of the Great Crested Newt. Crown application to adjourn trial due to failing to disclose evidence relating to the location forcefully opposed.
Charges dismissed against XR protestor after Crown fail to serve evidence of private land
R v MT [2019] Stratford Magistrates’ Court
Prosecution offered no evidence against Defendant on the day of trial, on charges of aggravated trespass after submissions on the failure of the prosecution to provide evidence of private land, and the right to protest under Articles 10 and 11 of the European Convention on Human Rights.
Charges dismissed against Palestine Action Protestors
R v RB [2019] Folkestone Magistrates’ Court
Defendant charged with offences arising out of protests by Palestine Action against war crimes in Gaza, and what was argued was the involvement of Elbit Systems. Case involved a number of legal arguments on ECHR Articles 10 and 11. After service of a skeleton argument and defence statement, the prosecution offered no evidence against the defendants.
Charges dismissed against Defendant protesting against Defence and Security Exports Arm Fair
R v SW [2019] Stratford Magistrates’ Court
The defendant was charged with obstruction of a highway after protesting at the DSEI arms fair. A key issue in the case related to whether the defendants actions amounted to an obstruction, in addition to Articles 10 and 11 ECHR. After service of a detailed skeleton argument case against defendant was dropped.
Protestors at Motorpoint Arena arms trade fair acquitted after prosecution fail to disclose vital evidence
R v L, S & D [2018] (Cardiff Magistrates' Court)
Three defendants were acquitted of failing to leave land, after protesting an arms fair at Motorpoint Arena in Cardiff, mainly on the basis that the weapons have made their way to Afrin in Syria and assisted in the onslaught of violence in mainly Kurdish areas. A successful argument under s.78 PACE was made to exclude evidence on the basis that the prosecution failed to serve the vital evidence until shortly before the trial despite a number of requests for this evidence from defence. This failure significantly prejudiced the defendants by precluding them from being able to properly challenge prosecution evidence. The District Judge accepted the submissions, effectively bringing the prosecution to an end.
Tower Bridge air pollution protestors given conditional discharges
R v DK., & Ors [2017] (City of London Magistrates' Court)
Seven defendants charged with blocking a highway during a protest against air pollution at Tower Bridge. Conducted mitigation for five of the defendants resulting in conditional discharges for all five.
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HUMAN TRAFFICKING & MODERN SLAVERY
Overview
Audrey Cherryl Mogan is a specialist criminal defence and public law barrister with particular expertise in cases involving victims of trafficking and representing vulnerable children and young people. She is currently instructed in a number of serious cases involving the s.45 Modern Slavery Act defence in the Crown Court.
Audrey has in-depth knowledge of European and international human rights law gained through ten years in the NGO sector and was appointed as the 2020/2021 Griffins-Barrow Cadbury Trust Fellow, in joint partnership with Cambridge University, where she is undertaking research on trafficking and modern-day slavery.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R v DW [2021] Portsmouth Crown Court
Instructed to defend young Defendant charged with possession with intent to supply class A drugs with a reasonable grounds decision that he is a victim of trafficking. Successful application to vacate trial date to await conclusive grounds decision, after detailed written and oral submissions relying on VCL and Brecani.
R v AS [2021] Wimbledon Magistrates’ Court
Defendant charged with theft offences. Despite a number of disclosures to probation and police that he was being exploited no investigation was undertaken. Audrey was led by Shu Shin LU in a judicial review of the decision to prosecute, relying on a breach of Article 4 of the European Convention on Human Rights, the European Convention on Anti-Trafficking and the EU Trafficking Directive. Permission was refused after the decision of the Court of Appeal in DS and the matter remitted back for trial. Prosecution sought to rely on hearsay evidence at trial, which was successfully argued and excluded.
R v SL [2020] (Huntingdon Youth Court)
Instructed to defend child defendant victims of trafficking, charged with possession with intent to supply. After service of representations and skeleton arguments shortly before trial, prosecution was discontinued.
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Youth Justice & Child Rights
Overview
Audrey has experience representing vulnerable child defendants, particularly those in care and with mental health issues. She has represented a number of child defendants in both the Crown Court and on certificates for counsel in the Youth Court and is regularly instructed to defend children who show indications of being victims of trafficking and modern slavery. Audrey has spoken on the issue of indefinite detention of children at Garden Court’s seminar on child rights and has been funded by the Strategic Legal Fund for Vulnerable Migrant Children to undertake pre-litigation research on a number of issues that overlap crime and immigration.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R v SL [2020] (Huntingdon Youth Court)
Instructed to defend child defendant victims of trafficking, charged with possession with intent to supply. After service of representations and skeleton arguments shortly before trial, prosecution was discontinued.
R v AA [2019] (Blackfriars Crown Court; Highbury Youth Court)
Child defendant acquitted of two counts of racially aggravated common assault, and common assault and final count of common assault on appeal to the Crown Court after legal argument.
R v CP et al [2018] (St Albans Youth Court)
Instructed to defend child defendant, in five-handed allegation of serious robbery. After lengthy legal argument on prosecution disclosure failures, persuaded prosecution to accept a plea to simple common assault. The defendant was given a conditional discharge.
R v DH [2018] (Stevenage Youth Court)
Vulnerable child defendant cleared of all charges including assaulting a police officer. Secured acquittal of vulnerable child defendant of assault PC and breaching the requirements of a criminal behaviour order.
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Mental Health Law
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Young defendant unfit to plead charged with kidnapping offences
R v BC [2020] Guildford Crown Court
Defendant charged with two counts of kidnapping and five counts of breaching Sexual Harm Prevention Orders. Pursued evidence that the Defendant was not fit to plead and appointed as Advocate. After legal argument and discussion, counts reduced to attempted kidnap and two breaches. Defendant given a s.37 Mental Health Act Order, with a s.41 restriction.
Charges withdrawn against vulnerable defendant after lengthy legal submissions
R v KL [2017] (Westminster Magistrates Court)
The defendant faced one count of common assault. He suffered from paranoid schizophrenia. After a number of hearings, submissions made to the judge and representations to the CPS, including the limited available options to the bench following an actus reus hearing, persuaded the CPS to withdraw the charges.
Defendant with schizophrenia not penalised for breaching tagged curfew
R v DK [2017] (Hendon Magistrates' Court)
The defendant suffered from schizophrenia and was given a tagged curfew following a guilty plea to burglary and common assault. The defendant breached the curfew consistently. Following the breaches, persuaded the Court to revoke the current sentence and order a conditional discharge, due to the defendant's vulnerability.
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INTERNATIONAL CRIME & CONFLICT LAW
Before joining the Bar, Audrey worked for ten years in the human rights NGO sector and has an MSc in Human Rights with a subject concentration in armed conflict and international law.
For her dissertation, she argued for a more robust legal personality for NGOs in conflict zones and was awarded funding by the LSE to conduct field research in Sri Lanka. She travelled across the country, including to Jaffna and Trincomalee, only a year after the ending of the war interviewing victims of war on the impact of disappearances and the use of child soldiers.
Audrey worked for four years at the Genocide Prevention NGO the Aegis Trust, both in their offices in the UK and in Rwanda. In Rwanda Audrey split her time between overseeing communications at the Kigali Genocide Memorial, which included liaising with government officials, international ambassadors and the business community in Rwanda, and working within the Legislative Drafting Department of the Ministry of Justice (Minijust). Audrey conducted the preliminary research and wrote the initial draft for the new Draft Law on Discrimination and an explanatory white paper for Parliament, and acted as a rapporteur for the Office of the Prosecutor during the Colloquium on the Procedure of the Rwandan Transfer of Prisoners.
In the UK as a Senior Researcher at the Aegis Trust Audrey provided research and fact-checking support on the Abyei conflict in Sudan for reports written by CEO Dr James Smith and worked with Darfuri asylum seekers and refugees in the UK, compiling reports and making recommendations to the International Policy and Justice Unit on the impact of UK immigration policy on asylum applicants. She was responsible for organising lobbying activities including online campaigns, MP engagement including with former Secretary of State for International Development, Andrew Mitchell QC and demonstrations, by the grassroots wing of Aegis to stop the removal of Darfuri asylum seekers from the UK.
Audrey accepts instructions on international crime and conflict matters.
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Civil Liberties and Human Rights
Overview
Audrey has ten years of working in the human rights NGO sector, prior to coming to the Bar working in child rights, genocide prevention and European human rights law, and continues to be instructed and advise campaigns that raise human rights, civil liberties issues within a criminal context.
Most recently Audrey was funded by the Strategic Legal Fund to undertake research with Commons Legal on the racist and prejudicial nationality requirement in the criminal courts, which led to the scrapping of the requirement in May 2021. From inception, Audrey worked to develop the campaign and supported the publication State of Innocence. David Lammy MP welcomed the move describing the practice as ‘unfair, unnecessary and discriminatory’ and said that it was ‘always wrong’ to ask defendants about their nationality before conviction.
Audrey was a Legal Project Manager at the European human rights law charity, The AIRE Centre, where she advised foreign nationals facing deportation and removal, and provided training on free movement law. She managed a strategic litigation project challenging Operation Nexus, a joint deportation initiative between Home Office Immigration Enforcement and police forces across the UK (R (on the application of The AIRE Centre) v SSHD and Commissioner of Police for the Metropolis) and travelled to the refugee camps in France, Italy and Greece to document the impact of the Dublin Regulation on asylum seekers in Europe.
Audrey was also a research consultant on the International Migrants Bill of Rights (IMBR) working with the LSE and Georgetown University in the USA. She conducted research on path to norm generation of UN Guiding Principles on Internal Displacement drawing parallels, hindrances and best practice for IMBR. She was a panel discussant at a conference in Geneva which engaged representative from OHCHR, ILO, IOM and the UNHCR.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Stonehenge Protestors argue effective exclusion from site of worship
Halcrow & Anor v Crown Prosecution Service [2021] EWHC 483 (Admin)
Appeal against conviction for breach of Stonehenge Regulations by practising Pagans and Druids, raising the issue of whether the restrictions on entry to the Stone Circle impermissibly infringed the appellants' rights under articles 9 (freedom of religion and conscience), 10 (freedom of expression) and 11 (freedom of assembly) of the European Convention on Human Rights.
Appeals upheld for Spring Rebellion Extinction Rebellion protestors
R v SH & TG [2021] Southwark Crown Court
Extinction Rebellion protestors successfully appealed against convictions for breaching conditions imposed on protests during the Spring Rebellion in April 2019, one of the largest coordinated protests in decades. Protestors were demanding urgent action over the escalating ecological crisis and the case raised important arguments on the right to protest and blanket bans.
Following legal argument the court was not satisfied the police gave any consideration to imposing less intrusive conditions on protests at Parliament Square and were not satisfied that the order at Oxford Circus remained proportionate due to a lack of review. Read more about the case here.
R v AS [2021] Wimbledon Magistrates’ Court
Defendant charged with theft offences. Despite a number of disclosures to probation and police that he was being exploited no investigation was undertaken. Audrey was led by Shu Shin LU in a judicial review of the decision to prosecute, relying on a breach of Article 4 of the European Convention on Human Rights, the European Convention on Anti-Trafficking and the EU Trafficking Directive. Permission was refused after the decision of the Court of Appeal in DS and the matter remitted back for trial. Prosecution sought to rely on hearsay evidence at trial, which was successfully argued and excluded.
Successful emergency judicial review to release defendant after acquittal for common assault
R v AJ [2018] (Westminster Magistrates' Court)
Secured acquittal of defendant on two counts of common assault. The defendant had been remanded in custody pending trial. The acquittal came in at 5.30 pm on a Friday and the prison claimed they were unable to process the defendant's release until Tuesday, it being a Bank Holiday weekend. Worked with solicitors to lodge a successful emergency judicial review on habeas corpus grounds and relying on Article 5 (right to liberty) of the European Convention on Human Rights. High Court Judge made interim relief Order for the defendant's immediate release. Governor of the prison attended to ensure his release on the Saturday.
Trial and plea re-opened as defendant's fair trial rights had been breached
R v FS [2017] (Folkestone Magistrates Court)
Defendant charged with dangerous driving. Persuaded the Court to order a re-trial, and re-open plea before venue, due to breaches of the defendant's right to a fair trial, especially the lack of an interpreter.
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Inquests and Inquiries
Audrey is currently developing expertise in representing bereaved families in inquests and inquiries and has a marked interest in cases concerning deaths in prison and police custody. She is particularly adept at cases involving individuals with significant mental health issues. Her experience as a criminal practitioner means she is particularly well placed to navigate the legal issues that arise in cases of this nature and in presenting matters before a jury.
