CJ Oakford died in hospital from his injuries after the road accident

Kamel Kadri, 38, of Wallace Parade, Goring, was sentenced at Chichester Crown Court on Thursday.

The court heard that Kadri, an illegal immigrant, was driving his Renault 5 when it struck the child on New Year's Day.

Callum John Oakford was with his brother and a friend when he was killed on the A259 in Ferring, West Sussex.

Kadri, who pleaded guilty at an earlier hearing, was sentenced to eight months in jail for failing to stop after an accident, failing to report an accident and having no insurance or driving licence.

He was sentenced to a further 16 months, to run consecutively, for having a false passport and was also disqualified from driving for two years.

Judge Anthony Thorpe said: "I trust that you will be removed from this country as soon as you are released from your sentence."

He added: "Had you left the country when you should have done, and not stayed on as an illegal immigrant, you would not have been driving that untaxed, uninsured car that had no current MoT on January 1, 2004, and so that young child would still be alive.

"You did not even know how badly that child was injured when you drove off, and it is clear that you made no effort to slow down or stop."

Kamel Kadri: Entered the UK illegally in 2001

Judge Thorpe said it was "intolerable" that people who should have been removed from the country after failed asylum applications were able to remain and drive unsafe cars.

"I hope and trust the home secretary will continue his efforts to make sure that people such as you do not overstay here, and are promptly removed once the appeal process is completed.

"If necessary, I am sure that police powers to check on such failed asylum cases will be strengthened, but that is a matter for Parliament not the courts."

Callum's family condemned the sentence as "no justice".

Speaking outside Chichester Crown Court, Callum's sister Kathryn Proudfoot said: "I am furious. There is no justice. He didn't even have a licence to lose."

Ms Proudfoot said the family thought Kadri should have been charged with manslaughter.

Sentencing Kadri, Judge Thorpe said it was clear he had been breaking the 50 mph speed limit.

'Longer sentence'

He told the defendant, who was initially arrested for causing death by dangerous driving, there would undoubtedly be questions as to why he was not facing more serious charges.

"I would merely say that if you had been convicted by a jury of that very serious offence, the sentence would inevitably have been much longer than the one I now pass, which is directed only at the offences for which you are before this court."

Callum - known as CJ - was crossing the road with his 12-year-old brother Sam and another friend when the collision took place as Kadri overtook another vehicle.

Reading a statement outside court, Paul Hayward, of the Crown Prosecution Service (CPS), said: "Although the road accident involving Mr Kadri resulted in the tragic death of Callum, the evidence shows that his death was not caused by either dangerous or careless driving.

'Insufficient evidence'

"There was insufficient evidence to give a precise indication of the speed of Mr Kadri's vehicle, but eyewitnesses stated that he appeared to be travelling at a speed slightly in excess of the 50 mph limit.

"Mr Kadri's defence was that he was not aware of this at the time.

"For the CPS to advise that he be charged with dangerous driving, there would have to be evidence which shows that his driving fell far below what would be expected of a competent and careful driver and that it would be obvious to such a driver that driving in that way would be dangerous."

Kadri entered the country illegally in 2001 and had his application for asylum rejected in September 2002.