R v Tolson

Facts

The accused remarried in the belief, held on reasonable grounds, that her husband had been drowned at sea. He had not. She was charged with bigamy under section 57 of the Offences against the Person Act 1861. The seven-year proviso did not dispose of the case.

Issue

Is an honest and reasonable belief that the first spouse is dead a defence?

Held

Yes, by a majority. The belief had to be reasonable. A minority would have treated the offence as complete unless the statutory proviso applied.

Principle

Bigamy is not, on this point, an offence of absolute liability. An honest and reasonable belief that the spouse is dead is a defence.

Why it matters

Wheat and Stocks is the contrast: a mistaken belief that a decree nisi is absolute is not a defence. Morgan does not overrule Tolson.

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