R v Gould (John)

Subject Matter

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, s 57

[1968] 2 QB 65; [1968] 2 WLR 643

JUDICIAL PRECEDENT — Court of Appeal decision — 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

[1968] 2 QB 65; [1968] 2 WLR 643

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

[1968] 2 QB 65; [1968] 2 WLR 643

Commentary

Blackstones Criminal Practice 2025
Bigamy - Mens Rea B2.154