SUMMARY OF R V. GOULD

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R V. GOULD

The defendant pleaded guilty to bigamy, then sought to withdraw the guilty plea on taking advice from Counsel on the grounds that at the time of his second marriage he held an honest and reasonable mistaken belief that a decree absolute had been granted dissolving his first marriage. The court refused him to withdraw his guilty plea on the grounds that according to the case of R. v. Wheat (1921 2 King’s Bench 119) an honest and reasonable mistaken belief that the marriage had been dissolved was no defence. The defendant appealed.Held:The appeal was allowed despite the fact that there was a previous Court of Appeal precedent against the defendant.

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