Peter John v. R., Crim. App. 595-M-66; 17/5/67; Platt, J.

Peter John v. R., Crim. App. 595-M-66; 17/5/67; Platt, J.

Accused was convicted of receiving stolen property and escape from lawful custody. In addition to a sentence of imprisonment and corporal punishment, the trial court recommended his expulsion as an undesirable person. (Expulsion of Undesirables Ordinance, Cap. 39,s.13.) Accused was from Rwanda, had a long record of previous convictions, and had no settled place of residence in Tanzania.

            Held: (1) Before making a recommendation for expulsion, a magistrate must consider first, whether he has the power to make recommendation, secondly, whether the public good appears to require it and thirdly, whether the public good appears to require it and thirdly, whether disproportionate hardship would be caused to the accused or his dependents. (2) Having convicted the accused of a felony, the magistrate was empowered to make the recommendation in addition to the sentence imposed. (3) Accused ’s previous convictions and bad character support the conclusion that his expulsion would be in the public interest. (4) No undue hardship would be caused accused. The Court noted that it was for the authorities to decide whether it would be convenient for the Government to arrange the expulsion.