Case Summary : Queen v. Tolson

Author : Alisha Rahman

Case Briefing:

The jury was found that at the time of the 2nd marriage she in good faith and on reasonable ground and on reasonable grounds believed her husband to be dead:-

By lord coleridge , C.J.huwkins, Stephen ,cave , A.L.smith , Wills Grantham  and Charles J.J. ( Denman , filed   and Manisty  afforded  a good  defense  to the indictment , and that the conviction  with wrong .

Case stated by Stephen, .J. and reserved by the court for the consideration of all the judges .

On the reasonable grounds, believed her husband to be dead and therefore remarried.

In fact he was still alive.  The court majority held that a BF belief in reasonable grounds as to the husband, a death was a defense to the charge of bigamy.

As Hawkins LJ. Said, it would be unfair to punish someone in the  total absence of fault.

Title & Citation:  Queen v. Tolson   (1889)

Fact: Appellant married in September 1880. In December 1881 her husband went missing. She was told that he had been on a ship that was lost at sea six year 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.

Issue: 1.Does not have any actual knowledge of his or her former wife or husband.

2. Did not have any intention. (Means Rea).

Rule: Criminal law bigamy “means rea “ 2nd Margie  where husband or wife Absent for less than  seven years on reasonable ground of death of husband or wife.  It’s deal with under section

Section – 494 IPC .marrying again during life time of husband or wife.

Analysis: depend on the subject Matter of the Act and the circumstances of the case which may make the one construction or the other responsible or unreasonable.

Case Express by STEPHEN J .upon the trial of an indictment for bigamy under section 57 of the offence against the person Act, 1861.