CHIEF SUPERINTENDENT OF POLICE V. SANKAREH

MILES J.

The appellant was convicted in the Kombo St. Mary Magistrate's Court of failing to produce his driving licence, contrary to section 70 of the Motor Traffic Ordinance, c. 155. He was fined £3 and disqualified from holding a driving licence for twelve months. He now appeals against the order imposing disqualification.

The only ground upon which the order for disqualification is challenged in the petition of appeal is that it was an excessive punishment in the circumstances, but the learned Acting Attorney-General, who appeared for the Crown on this appeal has raised the question whether the order was legal.

The case was tried under the provisions of the Trial of Petty Criminal Cases Ordinance, c. 25. Section 3 of this Ordinance is in the following terms:-

“Notwithstanding anything contained in the Criminal Procedure Code or the Protectorate Courts Ordinance, or any other law in force in the Gambia relating to the trial of criminal cases, a magistrate having jurisdiction to try any…