Principles

·  PASSPORTS AND PERMITS — Deportation of aliens_Passport and Permits Ordinance 1922. s. 91A (6) — No deportation for traffic offence:.

·  CRIMINAL LAW — Deportation of aliens — Passports and Permits Ordinance 1922. 31A (b) — No deportation for traffic offence:.

Under Passports and Permits Ordinance 1922. s. 31A (b) [passport  and 1mmigration Act 1960 (1960 Act No. 40), s. 30(b) (iv) a Court should not recommend to the Minister of the Interior the deportation of an alien convicted of a traffic offence under penal Code, s. 256.

Under Passports and Permits Ordinance 1922. s. 31A (b) [passport  and 1mmigration Act 1960 (1960 Act No. 40), s. 30(b) (iv) a Court should not recommend to the Minister of the Interior the deportation of an alien convicted of a traffic offence under penal Code, s. 256.

Judgment

 M. E. S. Gassouma, P. J., December 17, 1959:— On application for appeal by above prisoner I have conffrmnad the finding under Sudan Penal Code, s. 256, but altered the sentence to one month imprisonment as from November 27, 1959. 1 have also confirmed the sentence of fine and that if paid, it should be paid out as compensation to the deceased’s family.

The Court should convicted accused under the Road Traffic Ordinance, and I therefore add a finding of guilty under Road Traffic Ordinance 1942, s. 22 and direct that accused should be disqualified to drive a car for a period of one year as from the date of conviction.

Traffic contraventions are not the sort of offences for which aliens should be deported and I have therefore quashed the recommendation to the Minister of the Interior for deportation