Definition, Court Trail and Penalty of Bigamy in Victoria, Australia
If a person has more than one wife or husband in Victoria, he is charged with Bigamy. Hence, bigamy is charged in Victoria.
Where do you find the law about Bigamy?
Section 64, Crimes Act, 1958.
Will the Sunshine Magistrates’ Court in Victoria hear a Bigamy case?
Depending on the seriousness of a Bigamy charge, a case may be heard before a Magistrate in the:
- Magistrates’ Court or
- a Judge in the County Court.
What is the highest penalty for Bigamy at the Sunshine Magistrates’ Court, Victoria?
If guilt for the charge of Bigamy is successfully established in Court, the highest penalty that could be imposed for the charge and is usually given only for the worst cases of Bigamy is 5 year imprisonment.
Can the charge be defended?
Yes. Defences that are sometimes used in Bigamy cases are the following:
- Factual Dispute
- Absence of Required Intent
- Honest and Reasonable Mistake of Belief
Where to now?
There is no better legal professional than an accredited specialist for a case of Bigamy. So, discuss your case with an experienced criminal lawyer.
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Bigamy?
The offense of Bigamy is established by Prosecutors by proving that the following true:
- going through a form or ceremony of marriage;
- previous valid marriage with a different person;
- the person is still alive;
- and the other marriage with the different person is not yet terminated.