Benos, R. v

Benos, R. v

The appellant held an equitable interest in St Vincent Street by virtue of the deeds of variation, which transferred the beneficial ownership to him subject to the mortgage. The discharge of the mortgage was not a condition precedent to the transfer but a charge on the property. The appellant's rights and conduct as owner, and the absence of contrary claims by executors or beneficiaries, confirmed his equitable interest, which was properly included in the available assets for confiscation under the Proceeds of Crime Act 2002.

Parties
Appellant: Gavin Vasiouos Benos; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Proceeds of Crime, Confiscation Proceedings, Equitable Interest in Property, Construction of Deeds, Inheritance Law
Criminal Law Property Law Proceeds of Crime Confiscation Proceedings Equitable Interest in Property Construction of Deeds Inheritance Law

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Parties

Gavin Vasiouos Benos

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the appellant held an equitable interest in St Vincent Street for the purposes of confiscation under the Proceeds of Crime Act 2002
  2. 2 Proper construction of the deeds of variation and their effect on beneficial ownership
  3. 3 Effect of section 142 of the Inheritance Tax Act 1984 on the deeds

Ratio Decidendi

The appellant held an equitable interest in St Vincent Street by virtue of the deeds of variation, which transferred the beneficial ownership to him subject to the mortgage. The discharge of the mortgage was not a condition precedent to the transfer but a charge on the property. The appellant's rights and conduct as owner, and the absence of contrary claims by executors or beneficiaries, confirmed his equitable interest, which was properly included in the available assets for confiscation under the Proceeds of Crime Act 2002.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order in the sum of £43,344.01 upheld