The Law Reports (Queen's Bench Division)
[1968] 2 QB 65
[COURT OF APPEAL]
REGINA
v.
GOULD
1968 Jan. 16,
18
DIPLOCK L.J. WIDGERY and BLAIN JJ.
Crime
— Bigamy
— Mens rea
— Validity of previous marriage
— Honest but mistaken belief on reasonable grounds that previous marriage dissolved
— Whether a defence
—
Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 57.
[1]
Statute
— Construction
— Criminal offence
— Creation of new criminal offence
— Enacting words in absolute terms
— Whether to be construed subject to presumption that offence not committed if mind of person doing act innocent
— Whether mens rea essential element
— Bigamy
—
Offences against the Person Act, 1861.
Judicial Precedent
— Court of Appeal
— Criminal jurisdiction
— Doctrine of stare decisis not applied with rigidity
— Opinion that law misapplied or misunderstood in earlier decision
— Previous opinions of Court of Appeal or Court of Criminal Appeal.