SUMMARY R v. Gould

R v. Gould

The facts of Gould were that the appellant was married in 1959 and there were three children of the marriage. Several years later a divorce suit was entered and the appellant’s solicitors gave notice to defend. However, before the case was heard the appellant was sentenced to twelve months’ imprisonment and was released in March 1966. He returned to his wife but on being told by her the following month that their marriage was finished he left her and, in the following November, he married again. When interviewed by the police the appellant stated that he had agreed to remarry because he thought that he was divorced. In fact at the date of his second marriage, his first marriage had not been dissolved. The Appeal court held that once the offence is not an absolute one, an honest belief on reasonable grounds in facts which, if true, would make the second marriage innocent should be a defense.

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