Crown Prosecution Service v Benye

Crown Prosecution Service v Benye

The court found that although Mr Benye provided funds to Mrs Benye, the intention was to make a gift to enable her to purchase the leasehold for herself and their children. There was no evidence of a joint intention that Mr Benye should have a beneficial interest. The CPS failed to prove that the property was held on trust for Mr Benye or that Mrs Benye was a mere nominee. The application for a declaration and receivership order was therefore dismissed.

Parties
Claimant: Crown Prosecution Service; Defendant: Anthony Chukwadi Benye; Interested Party: Stella Benye
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Civil (application for Declaration and Receivership Order) / Judgment After Hearing of Application
Outcome
Application dismissed
Legal Topics
Confiscation of Proceeds of Crime, Beneficial Ownership of Property, Right to Buy Scheme, Resulting and Constructive Trusts
Criminal Law Property Law Civil Procedure Confiscation of Proceeds of Crime Beneficial Ownership of Property Right to Buy Scheme Resulting and Constructive Trusts

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Parties

Crown Prosecution Service

Claimant

Anthony Chukwadi Benye

Defendant

Stella Benye

Interested Party

Procedural Posture

Civil (application for Declaration and Receivership Order) / Judgment After Hearing of Application

Legal Issues

  1. 1 Whether the leasehold property at 43 Valentine Court is beneficially owned by Anthony Chukwadi Benye or Stella Benye
  2. 2 Whether the funds used for the deposit and purchase of the property were the proceeds of crime and/or a gift
  3. 3 Whether the CPS is entitled to a declaration and receivership order under Section 77(8) of the Criminal Justice Act 1988

Ratio Decidendi

The court found that although Mr Benye provided funds to Mrs Benye, the intention was to make a gift to enable her to purchase the leasehold for herself and their children. There was no evidence of a joint intention that Mr Benye should have a beneficial interest. The CPS failed to prove that the property was held on trust for Mr Benye or that Mrs Benye was a mere nominee. The application for a declaration and receivership order was therefore dismissed.

Court Disposition

Application dismissed