BIGAMY ADMITTED

Auckland Star, Volume LXXV, Issue 64, 16 March 1944, Page 6

BIGAMY ADMITTED

AN EXCEPTIONAL CASE

MAN GIVEN PROBATION

"Bigamy is always a serious offence and is unfortunately too frequent at this time, but I am prepared to treat this as an exceptional case," said Mr. Justice Fair, when Charles Percival Davis, 28, came up for sentence to-day for an admitted offence of bigamy. Pleading mitigating circumstances on the prisoner's behalf, Mr. Elwarth said Davis was married at Rotorua in October, 1941, when he was serving in the armed forces. On one of his regular week-end visits to his home not long after the marriage he was calmly informed by his wife that she was living with another man and wanted nothing more to do with him. He sought legal advice about divorce, but the fact that he was in the Army and had small pay operated against his having the time to get evidence and the money for the divorce. He was sent overseas for six months, and later invalided out of the Army. He then met another woman and foolishly went through a form of marriage with her, describing himself as divorced. He was anxious to get his divorce and marry the woman he had wronged. That was also her wish. His Honor remarked that the woman concerned had had to leave her employment, and if prisoner got his divorce and married her they would probably have a difficult time. He would admit Davis to probation for a term of three years, with a condition that he proceeded forthwith with his divorce proceedings, and then fulfilled his obligations to the other woman. It was also a provision that he pay £10 costs within 12 months.