Bigamy in Victoria, Australia


December 5, 2012     By Doogue O'Brien George



Find a Law Firm:

Having more than one wife or husband in Victoria can lead to you being charged with Bigamy. What are the exact elements of this charge? Find out how the charge is established and defended in Victorian Courts.

What is the highest penalty for Bigamy at the Sunshine Magistrates’ Court, Victoria? Can the charge be defended?

If guilt for the charge of Bigamy is successfully established in Court, an accused may be required to serve a maximum period of 5 years in prison. This is the highest penalty that could be imposed for the charge and is usually given only for the worst cases of Bigamy.

Defenses that are sometimes used in Bigamy cases are the following:
A. Factual Dispute
B. Honest and Reasonable Mistake of Belief
C. Absence of Required Intent

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. The decision on which type of Court will have jurisdiction over a case often gives an indication as to how serious a specific Bigamy charge is.

Where to now?

Discuss your case with an experienced criminal law specialist. There is no better legal professional than an accredited specialist for a case of Bigamy. Their speciality on this type of offense can deliver you the best possible result.

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:
A. going through a form or ceremony of marriage;
B. previous valid marriage with a different person;
C. the person is still alive;
D. and the other marriage with the different person is not yet terminated.

Where do you find the law about Bigamy?

You can find the law about Bigamy on section 64 of the Crimes Act 1958.

ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.

The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.

Copyright Doogue O'Brien George - Google+
More information about

published by Doogue O'Brien George

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.