Matthew Morgan

Cases

Asset Forfeiture & Confiscation

Matthew has conducted a broad spectrum of confiscation cases including privately representing third party interests in respect of jointly-held assets.

Greater Manchester Police v JL (2022) – Civil Forfeiture Case pursuant to POCA 2002 Section 298. Greater Manchester Police sought to confiscate over £200,000 in cash from two safety deposit boxes linked to the defendant, a 63-year-old gentleman from the travelling community. The contents represented the life savings of the defendant who was of good character and had worked all his life. Legal submissions centred on extensive case law around the applicant’s duty to identify the particular criminal conduct representing the source of the funds and cross-cultural human rights. After a four-year battle, the case was won and the defendant’s savings were returned to him.

Criminal Defence

A broad spectrum of cases of the utmost seriousness, including the following:

R v DO (2023) – Rape. Defence of man accused of raping two vulnerable women, where he had allegedly inveigled his way into the home of both complainants as a carer. Complainants were unknown to each other. One of the complainants who was disabled was allegedly consistently raped over a three-day period whilst immobile. The case involved substantial legal argument in respect of Section 28 and Section 41 YCJEA and disclosure. The defendant was fully acquitted following trial in respect of the most serious allegations.

R v CI (2023). International Banking Fraud. For first Defendant in highly complex and substantial international Fraud and Money Laundering case, involving the creation of false bank accounts, fake cheques, forged banking mandate forms, genuine customer impersonation, fake company emails and money laundering via the purchase of gold bullion and foreign property. Case centred around activities in UK, UAE and West Africa. Defendant acquitted of Count 1 on the Indictment which allowed the defence ultimately to submit that the defendant’s initial involvement in the OCG had come about as a result of coercion, naivety and pressure and his involvement was time-limited to a discrete period.

R v AM (2023) – Banking Fraud. Defended in Trial involving alleged frauds against 6 major UK banks relating to online transactions, linked to defendant’s bank cards and telephones. Crown asserted defendant had made multiple and substantial claims for refunds over an 18-month period on the basis that his accounts had been used by others. Despite transaction and phone evidence linking back to him, he claimed he had been the victim of other unscrupulous individuals taking over his accounts. He was acquitted of all charges following trial

R v BM Operation Largo (2022) – Murder. Defended in 2022 Boxing Day Murder at Gypsy Queen Public House, Sheffield. Led by Nicholas Rhodes KC for first defendant. The defendant was convicted following trial, but Judge found that the incident, a stabbing, was spontaneous, short- lived and not pre-planned and that the defendant had not attended the pub in order to seek out the deceased. The Judge in sentencing saw fit to pass a mandatory minimum term at the very lowest end of the scale – 18 years. The prosecution initially referred the case to the Attorney General as unduly lenient but abandoned the Appeal following defence submissions.

R v AZ Operation Skawa (2022) – Human Trafficking and Prostitution. Leading Greg Unwin secured a suspended sentence for defendant following 4-month trial in multi-handed Human Trafficking and Controlling Prostitution case. The prosecution alleged a significant organised crime operation in which vulnerable victims largely from Eastern Europe were trafficked both to outcalls and to work in brothels in Central and West London over a 6-year period. Despite being placed 2nd on the Indictment by the Crown and the fact that the other 4 defendants received sentences of immediate imprisonment of up to 8 years, counsel were able to limit the defendant’s role, advance powerful mitigation and ultimately argue in favour of the Judge taking an exceptional course, namely passing a suspended sentence.

R v AS (2022) – Historic sexual offences. Defence of a man charged with inveigling his way into the home of two young brothers and systematically sexually abusing them over a 4-year period in the 1990s. Defendant acquitted of all charges following trial.

Operation Kanji (2021) – Represented the only defendant to be found not guilty after Human Trafficking trial in Operation Kanji,  a multi-handed conspiracy to smuggle Albanian migrants into the UK in the back of Turkish-registered lorries. His client was acquitted after a successful submission of no case to answer. The case involved an undercover surveillance operation by officers of the National Crime Agency and tens of thousands of pages of telephone, cellsite, ANPR and surveillance evidence.

R v PS (2021) – Defendant Acquitted of all Charges at Court Martial for Serious Historic Child Sex Offences. The defendant was a serving soldier in Germany in the late 1970s. The allegations centred around the 10-year-old son of a fellow serviceman. There was significant legal argument as to Abuse of Process given the age of offences, jurisdiction to try offences of a “civil” nature within the Court Martial and the composition of a civilian Board given the impending changes within the Armed Forces Bill 2021. Defendant acquitted of all charges following trial.

R v DB (Central Criminal Court 2020) – Murder – Argued successfully in favour of an exceptional sentence, namely a suspended sentence for his client Destiny Bannerman, who assisted Tyler Gopaul flee the UK to Northern Cyprus following the murder of Zakaria Ali outside the Rolling Stock Nightclub in Hackney.

BBC News: https://www.bbc.co.uk/news/uk-england-london-55088161

Daily Mail: https://www.dailymail.co.uk/news/article-8990217/Killer-22-stabbed-peacemaker-death-fight-outside-London-nightclub-jailed-22-years.html

Operation Shine (2019-2020) – Defended (led junior) in multi-handed high-profile case attracting national media coverage involving the Bulmers art theft and subsequent alleged fraud of the insurance company. The case involved a no-holds barred attack on the competence and integrity of the Avon and Somerset Police. Following half-time submissions the defendant was acquitted of all charges and the defence successfully resisted a prosecution appeal.

Operation Calla (2018-2019) – Acted for 4^th defendant in multi-handed conspiracy to import and sell unauthorised, prescription-only and Class C human medicines.

Operation Green Goddess (2018) – Acted for 2^nd defendant in multi-handed conspiracy to commit millennium-style burglaries across five counties.

R v W (2018) – Defence of man charged with historic serious sexual offences of his step-daughter from the age of 7 to 14.

R v B (2017) – Defence of man charged with death by dangerous driving in a tragic accident that caused the death of his sister. Defendant who pleaded guilty to death by careless whilst unfit was initially given a suspended sentence, which was then subject to an Attorney General’s Reference (see below). Case involved complex legal argument arising from the fact that the defendant had tested below the legal argument for cocaine itself, but above the legal limit for benzoylecgonine, the metabolite of cocaine, which the defence expert concluded was an inactive metabolite having no bearing on impairment.

Operation Dove (2017) – Defence of the alleged “logistics man” in multi-handed conspiracy to import 1.3 tonnes of cannabis resin secreted in consignments of glass panels from Spain to Harwich. Defendant was the only defendant to be acquitted following trial.

R v K (2016) – Defence of church youth worker charged with serious sexual offences including assault by penetration over a number of years of a child (11-15 years old in the indictment period). Defendant acquitted of all counts.

Operation Quartz (2016) – Defence of one of 11 defendants in London-based gang conspiracy to run Class A drugs to Lincolnshire. Case resolved by way of limited basis of plea to playing a lesser role within a very strictly limited time frame.

R v Winston Allen (2015) – Defence of former international heavyweight boxer and Number 1 contender charged with GBH of two males arising from a dispute in a bank. Defendant acquitted on all counts at trial.

Operation Sheraton (2014) – Represented 1^st defendant of 6 in infamous Suffolk “Bonnie & Clyde” case (101 burglaries in 6 counties in 3 months) which drew national media coverage following the release of Youtube footage of police vehicles (one a motorcycle) being rammed by a getaway vehicle on two separate occasions.

Operation Furze (2013) – Led junior for the defence in 11 count conspiracy to rob cash-in-transit custodians over a 4 year period. The case involved counter-allegations of planting of evidence by the Flying Squad and complex and cutting-edge legal argument to do with the admissibility of partial profile DNA evidence. Convicted of 5 of the 11 original counts and sentence successfully appealed and reduced on appeal from 15 to 13 and a half years

R v B and Others (2012) – Defence counsel (junior alone) for one of nine defendants in multi-million pound conspiracy to steal and “recycle” BT copper cable on an industrial and almost unprecedented scale

R v B (2012) – Attempted murder (junior alone) in which defendant was accused of trying to throw his partner off a bridge. Case resolved by way of pleas to false imprisonment and threats to kill.

Criminal Prosecution

A broad range of cases including:

R v DG and Others (2019) Successful prosecution for the CPS Serious Casework Unit of aggravated burglary involving elderly single widow in remote farmhouse attacked in her own home, tied up with hoover flex, beaten up and threatened with firearms by group of 6 males.

R v ES (2019) Successful prosecution of disgruntled IT manager in Cyber Attack on former employer. Case involved extremely complex computer evidential trail.

Operation Defender (2017-2019) Successful prosecutions of various defendants in connection with the wholesale supply of cocaine perpetrated by an Organised Crime Group in Essex.

Operation Regent (2015) Successful prosecution for the CPS Serious Casework Unit and HMRC of complex income tax fraud.

R v V and J (2015) Successful prosecution of both defendants in aggravated burglary with a sawn-off shotgun.

Fraud & Financial Crime

R v CI (2023). For first Defendant in highly complex and substantial international Fraud and Money Laundering case, involving the creation of false bank accounts, fake cheques, forged banking mandate forms, genuine customer impersonation, fake company emails and laundering via the purchase of gold bullion and foreign property. Case centred around activities in UK, UAE and West Africa. Defendant acquitted of Count 1 on the Indictment which allowed the defence to submit that the defendant’s initial involvement in the OCG had come about as a result of coercion, naivety and pressure and his involvement was time-limited to a discrete period.

R v AM (2023) – Banking Fraud. Defended in Trial involving alleged frauds against 6 major UK banks relating to online transactions, linked to defendant’s bank cards and telephones. Crown asserted defendant had made multiple and substantial claims for refunds over an 18-month period on the basis that his accounts had been used by others. Despite transaction and phone evidence linking back to him, he claimed he had been the victim of other unscrupulous individuals taking over his accounts. He was acquitted of all charges following trial

Operation Shine (2019-2020) – Defended (led junior) in multi-handed high-profile case attracting national media coverage involving the Bulmers art theft and subsequent alleged fraud of the insurance company. The case involved a no-holds barred attack on the competence and integrity of the Avon and Somerset Police. Following half-time submissions the defendant was acquitted of all charges and the defence successfully resisted a prosecution appeal.

Operation Curricle (2019) – Defended first defendant in complex fraud and money-laundering case involving hundreds of thousands of pounds of alleged fraudulent money transfers using sham company as a front.

R v K and Others (2014) – Successfully defended fifth defendant (of 9) in sophisticated and far-reaching international money-laundering trial over 5 months involving £tens of millions in an operation spanning the UK, Iran and the UAE (led junior)

Military & Courts Martial

Regularly instructed to appear at the Military Courts and conducted a wide range of Courts Martial cases, including:

R v PS (2021) – Defendant Acquitted of all Charges at Court Martial for Serious Historic Child Sex Offences.

The defendant was a serving soldier in Germany in the late 1970s. The allegations centred around the 10-year-old son of a fellow serviceman. There was significant legal argument as to Abuse of Process given the age of offences, jurisdiction to try offences of a “civil” nature within the Court Martial and the composition of a civilian Board given the impending changes within the Armed Forces Bill 2021. Defendant acquitted of all charges following trial.

Trading Standards

Prosecution (for inter alia LB Wandsworth and LB Lambeth) and defence of large number of trading standards cases involving counterfeit goods. Have also significant experience of other areas of local authority prosecutions including Health and Safety and Landlord cases and multi-handed benefit fraud, and licensing cases.

Significant Reported Cases

AGs Ref 2018 R v John Bond [2017] EWCA Crim 2329 – Whilst Court of Appeal felt compelled to reverse the suspension of a 2 year term of imprisonment for an offence of causing death by careless driving whilst unfit (see above) and replace it with a term of immediate custody, the court did not increase the tariff of 2 years.

AG’s Ref No 40 of 2011, R v Lee Williams, [2011] EWCA Crim 2126 – Case in which the defendant’s suspended sentence for his part in the importation of nearly 1kg of cocaine, before Ms Recorder Cherie Booth QC, was increased to three and a half years following an Attorney General’s Reference. Pitchford LJ commented: ‘I don’t know what spell you were casting in the Isleworth Crown Court, Mr Morgan, but this was a remarkable sentence, was it not?’

Buckley & Anor v Director of Public Prosecutions [2008] EWHC 136 (Admin) (14^thJanuary 2008) – Appeal by way of Case Stated – Held that sequential events on one day could be broken down into different “episodes” for the purpose of finding conduct on more than one occasion sufficient to justify a conviction for harassment contrary to sections 2(1) and (2) of the Protection from Harassment Act 1997.