Benos, R. v [2019] EWCA Crim 1093 (14 June 2019)
The appellant held an equitable interest in St Vincent Street subject to the mortgage charge, as the deeds transferred beneficial ownership to him. The value of that interest was properly included in the available assets for the purposes of the confiscation proceedings under the Proceeds of Crime Act 2002.
- Citation
- [2019] EWCA Crim 1093
- Parties
- Appellant: Gavin Vasiouos Benos; Respondent: Regina (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 14 June 2019
- Procedural Posture
- Criminal Appeal / Appeal Against Confiscation Order
- Outcome
- Appeal dismissed
- Legal Topics
- Proceeds of Crime, Equitable Interest, Confiscation Proceedings, Will Variation, Beneficial Ownership
Case Brief
Summary, issues, holding and outcome
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Parties
Gavin Vasiouos Benos
Appellant
Regina (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Legal Issues
- 1 Whether the appellant held an equitable interest in St Vincent Street for the purposes of the Proceeds of Crime Act 2002
- 2 Whether the deeds executed constituted a transfer of beneficial ownership subject to the mortgage charge
- 3 Effect of section 142 of the Inheritance Tax Act 1984 on the variation of the will
Ratio Decidendi
The appellant held an equitable interest in St Vincent Street subject to the mortgage charge, as the deeds transferred beneficial ownership to him. The value of that interest was properly included in the available assets for the purposes of the confiscation proceedings under the Proceeds of Crime Act 2002.
Court Disposition
Appeal dismissed
Orders
- Confiscation order in the sum of £43,344.01 upheld
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