A. Introduction

[1] This appeal concerns the following parties:

(1) the respondent (Respondent) was a sergeant of the Twelfth Battalion of the Royal Malay Regiment (RMR) stationed in Daralockwood Camp, Kuantan, Pahang Darul Makmur (Camp) and a "serviceman" of the Armed Forces as defined in s 2 of the Armed Forces Act 1972 (AFA);

(2) the 1st appellant (1st Appellant) was the Respondent's "commanding officer" (defined in s 2 AFA) (Commanding Officer) at the Camp;

(3) the 2nd appellant (2nd Appellant) is the Chief of Army who is the "competent authority' (Competent Authority) appointed by the Armed Forces Council (3rd Appellant) under s 2 AFA; and

(4) the Ministry of Defence and Government of Malaysia are the 4th and 5th appellants ("4th Appellant" and "5th Appellant") respectively.

In this judgment, we shall refer to the 1st to 5th Appellants collectively as the "Appellants".

[2] This appeal raises the following novel questions:

(1) when a serviceman (Accused) is charged with disob