Bench:

Cave J, Stephen J

Issue:

Does second marriage on a reasonable beliefof death of the husband amounts to bigamy on his return?

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Facts:

• The appellant and defendant were married in September 1880.
• The appellant went missing as the ship he was in had got lost into the sea in December 1881.
• The defendant waited for six years for her husband (the appellant) with the hope that he shall return.
• Eventually, believing her husband to be dead, the defendant remarries.
• Eleven months later the appellant returned and onthe knowledge of the remarriage of his wife (the defendant) he filed the appeal of bigamy against her.

Appellant's contentions:

It was contended that the defendant had remarried and committed the offence of bigamy.

Respondent's contentions:

 The respondent contended that she waited for six years and then remarried when her husband did not return without the intention of committing bigamy.

Judgement:

The appeal court said that despite the absence of words such as “knowingly committing bigamy” or “intentionally committing bigamy”, which would have excused her, Ms. Tolson was saved in this situation by an old common law rule. An “honest and reasonable belief” in the existence of circumstances that, if true, would make the accused’s acts innocent, was a proper defense, the court ruled.

-Para 2 (R v Tolson)