Bigamy
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Have you been charged with Bigamy?
Under Section 64 of the Crimes Act 1958 (“CA”) It is an offence if you commit Bigamy, it is essential to understand the implications of this serious offence.
Bigamy occurs when an individual marries someone while still being legally married to another person. This charge carries significant legal consequences, including potential imprisonment.
What must Prosecution Must Prove?
- You went through the form or ceremony of marriage with another person.
- You had previously entered into a valid marriage with another person.
- The first spouse was still alive at the time the defendant engaged in the subsequent marriage ceremony.
- The first marriage had not been terminated (through divorce or annulment) at the time of the second marriage ceremony.
Penalty for bigamy:
This charge carries with it a Level 6 imprisonment with a maximum penalty of 5 years.
Where the Case Will Be Heard:
Bigamy cases are heard in the Magistrates’ Court of Victoria.
Factors and defences to consider:
- Did you engage in more than one marriage at a time?
- Did you have genuine reason to believe your first spouse was deceased?
- Did you have reason to believe that the first marriage was invalid due to circumstances like a supposed divorce or annulment.
- What were the surrounding circumstances of this offence?
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What happens next?
If you have been charged with Bigamy, it is crucial to seek the advice of an experienced criminal lawyer at MK Law as soon as possible.
Adequate preparation is essential to effectively address the charges against you. Our sex offence lawyers can help you assess the strength of the prosecution’s case, explore viable defences, and prepare you for court proceedings. Timely engagement with a legal professional can significantly influence the outcome of your case, so make an appointment to discuss your situation today. Contact 1800 130 120 today for expert confidential advice to aid you in your circumstances.
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- 1800 130 120
- marcus@mklawfirm.com.au