Audrey Cherryl Mogan is a criminal defence barrister with particular expertise representing vulnerable defendants, including those with mental health issues and drug addiction. Her background in European human rights law, trafficking, deportation and asylum, makes her qualified to advise on these matters within a criminal context.
Audrey regularly appears before the Youth, Magistrates and Crown Courts representing clients in relation to a wide range of offences.
R v AR  (Wood Green Crown Court)
Defendant acquitted of coercive and controlling behaviour and two counts of common assault.
R v PW  (Oxford Crown Court)
Vulnerable defendant given a suspended sentence after trial for one count of possession with intent to supply.
Successful emergency judicial review to release defendant after acquittal for common assault
R v AJ  (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 Monday. Worked with solicitors to lodge a successful emergency judicial review on habeas corpus grounds, where the judge made an Order for the defendant's immediate release as interim relief.
Concurrent sentences after defendant entered guilty pleas to drugs supply
R v RW  (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  (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  (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  (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.
Charges withdrawn against vulnerable defendant after lengthy legal submissions
R v KL  (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  (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.
Protestors at Motorpoint Arena arms trade fair acquitted after prosecution fail to disclose vital evidence
L, S & D  (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. 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  (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.
R v AB  (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.
R v AA  (Blackfriars Crown Court; Highbury Youth Court)
Child defendant acquitted of two counts of racially aggravated common assault, and common assault and one count of common assault on appeal after submissions.
Vulnerable youth defendant cleared of all charges including assaulting a police officer
R v DH  (Stevenage Magistrates Court)
Secured acquittal of vulnerable youth defendant of assault PC and breaching the requirements of a criminal behaviour order.
Audrey has experience of 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.
R v SL & CB  (Cambridge Youth Court)
Instructed to defend child defendant victim 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  (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  (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  (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.