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R v Tolson (1889) 23 QBD 168

The appellant married in Sept 1880. In Dec 1881 her husband went missing. She was told that he had been on a ship that was lost at sea. Six years later, believing her husband to be dead, she married another. 11 months later her husband turned up. She was charged with the offence of bigamy.

Held:

She was afforded the defence of mistake as it was reasonable in the circumstances to believe that her husband was dead.
 
Back to lecture outline on the defence of mistake