Malaysia legislation
Section 130
Section 130
(2)
The said authority is—
(a)
the Armed Forces Council; or
(b)
any officer superior in command to the officer who dealt summarily with the charge.
(3)
Where, on a review under this section, it appears to the said authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which in the opinion of the said authority involved substantial injustice to the accused, the said authority may quash the finding.
(4)
If a finding in any proceedings is quashed under the last foregoing subsection and the award made in those proceedings relates only to the finding quashed, the said authority shall also quash the award, and if the award relates also to any other finding and it appears to the said authority that the award was not warranted by this Act in respect of that other finding, the said authority may vary the award by substituting such punishment or punishments as the said authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the said authority more severe than the punishment or punishments included in the original award.
(5)
Where, on a review under this section, it appears to the said authority that a punishment awarded was invalid, or too severe, or
(where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination, or are, taken together, too severe, the said authority may vary the award by substituting such punishment or punishments which could have been included in the original award, and not being in the opinion of the said authority more severe than the punishment or punishments included in the original award.
Armed Forces 119
Findings of Insanity
Provisions where accused found insane