R v King

Legal Case Summary

R v King [1964] 1 QB 285

Mistake on the facts as a defence to a charge of bigamy under Offences Against the Person Act 1861

Facts:

The individual on trial had entered into a new marriage while still being legally married to another person. They were charged with bigamy, which is a criminal offense outlined in section 57 of the Offences Against the Person Act 1861. This law states that any person who marries someone else while still being married to another person, whether the new marriage takes place in England, Ireland, or another country, is guilty of a felony. The defendant argued that they had entered into the new marriage under the belief that their previous marriage was no longer valid.

Issue:

Whether a genuine mistaken belief as to a fact is a defence to a charge of bigamy under s.57 OAPA 1861.

Held:

The defense of mistake can be used in this situation, but only if the belief that the previous marriage was void is both honest and reasonable. This would mean that the defendant would not have the necessary intent to commit the crime outlined in section 57 of the Offences Against the Person Act 1861. The court in this case distinguished it from the case of R v. Wheat & Stocks [1921] 2 K.B 119, in which even a reasonable belief was not held to be sufficient for a defense. However, that case has since been overruled by R v. Gould [1968] 2 Q.B 65, which established that an honest and reasonable belief can be used as a defense against a charge of bigamy. An unreasonable belief is not enough because it shows negligence in regards to the facts that the belief is based on.

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