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and chemists the courts lean in favour of imposing a reduced sentence. A "plea of guilty" achieves the disposal of a criminal case with lightning speed. Every contest and trial leads to a backlog of undisposed criminal cases clogging the courts and the prisons with remand prisoners. It is in the public interest that pending criminal cases be disposed off as expeditiously as possible and accused persons who plead guilty be imposed with a reduced sentence. Honesty is a universal obligation and a reduced sentence encourages honesty when an accused pleads guilty, the end result being that more accused persons would willingly admit guilt without a trial, thus, reducing the workload of the prosecutor's office and the clearance of the backlog of cases.
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Nonetheless, our courts have evolved a general flexible rule propounded through numerous decided cases that where an accused person pleads guilty without contesting the charge or charges against him in a trial which might consume many days, involving prosecutors, witnesses, documents, police officers
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in 1972, Genga did his pupilage at the law firm of Xavier and
Vadiveloo, a firm specialising in industrial law. He was admitted as an Advocate and Solicitor of the High Court of Malaya in June 1973. With the late D.P. Xavier as his mentor, Genga established himself as an expert in industrial law.
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s case knowing full well, having opted to give his evidence in the form of an unsworn statement from the dock that his story cannot be tested by cross examination. The end result of his statement is just a mere denial and assertions not supported by evidence. It is trite that mere denial without
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Despite decades of sentencing by the
Malaysian courts no golden rule has yet evolved in the sentencing of accused persons following a conviction in criminal cases. Neither have the courts evolved a cast iron formula to be followed in sentencing. However, there has always been a general flexible
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In 1988, Genga and his partners, N. Mahalingam and Wong Lu Peen established the firm of Genga Maha Wong & Co (later known as Genga Maha & Peri) with the address Room 302, 3rd Floor, Bangunan NUBE, 114 Jalan Tuanku Abdul Rahman, 50100 Kuala Lumpur.
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As a member of the
Malaysian Bar, he was for many years a member of the Industrial Court of Rules and Practice Committee of the Bar Council and sat on the Bar Council's Special Committee on Review of Chambering in 2002.
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In all his years in practice, Genga only represented trade unions and the employees, eschewing the more lucrative briefs of employers and employer associations. He was committed to the advancement of labour rights
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principle that all courts have a flexible and free discretion to be exercised judicially and with a judicial conscience in deciding the period in which a guilty criminal will be incarcerated in prison
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He always spent his preciously limited time to community service. For many year, until his appointment as a judge, he was an active and respected member of the Rotary Club of
Damansara.
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He showed that appeared before him that, when properly attended, litigation as developed in the common law courts was one of the finest arts for conflict resolution available to man.
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When Genga was appointed
Judicial Commissioner in 2003, many, especially lawyers, who have appeared before him felt that the elevation should have been made much earlier.
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It is, in my humble view, quite clear that the accused was merely trying to tailor his defence in an attempt to create doubts about the prosecution’
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other proof to reasonably dislodge the evidence presented by the prosecution is insufficient to inject reasonable doubt into the prosecutions
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Genga died on 21 April 2007 at the Subang Jaya
Medical Centre in Petaling Jaya following a short illness and was cremated the day after.
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In 1976, he married
Devagey Raru. A son, Sashikharan was born in 1982. Despite a busy schedule, Genga always made time for the family.
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As many from his generation who became lawyers, Genga was first a school teacher, trained at
Brinsford Lodge in
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65:. He was called to the bar after securing a Second Class degree in his first attempt at the Bar examinations.
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is a
Malaysian High Court judge and prior to that was a prominent lawyer specialising in industrial law.
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He is also widely quoted for his judgements relating to criminal matters. In,
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and on his return, served in a number of schools, including the prestigious
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Genga, as he was known to all, was born on 30 April 1944 in
127:2 CLJ 763, he made this pertinent observation:-
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57:In 1968, he quit teaching and left for
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235:Malaysian people of Malayali descent
17:Justice Datuk K. P. Gengadharan Nair
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172:"In Memoriam - the Malaysian Bar"
105:7 CLJ 249, he stated as follows:
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215:20th-century Malaysian lawyers
103:PP V. Mohd. Abbas Danus Baksan
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186:"Archives | The Star Online"
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23:Early life
36:Liverpool
70:Malaysia
59:London
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