Rex v Okaya and Others
Rex v Okaya and Others (Criminal Revision Cases Nos. 230, 231 and 232 of 1941) [1940] EACA 70 (1 January 1940)
The court held that an accused person who disobeys a summons to attend court has disobeyed a lawful order or command within the meaning of section 117 of the Penal Code. The fact that the Criminal Procedure Code authorizes the issue of a warrant to secure attendance does not negate the commission of the offence of disobedience. The issuance of a warrant is a procedural mechanism to bring the accused before the court, but the act of failing to obey the summons remains a distinct offence. The court distinguished between the treatment of witnesses and accused persons, noting that for witnesses,…
Source excerpt
- Disobedience Of Lawful Orders
- Failure To Attend Court
- Criminal Summons
- Penal Code Section 117