JUDGMENT

Spens, C.J. - The appellant in this case, A.W. Meads, was in April 1943 a Captain holding the temporary rank of Major in the Royal Engineers, and was attached to No. 1 Works Service (E. & M.) Group, I.E. In October 1943, he was charged with four offences under the Army Act. The charges, without the particulars which are not material to this judgment, were as follows:

2. 1st Charge, A.A. Section 17.-When on active service, when concerned in the care of public property, fraudulently misapplying the same.

3. 2nd Charge, A.A. Section 40 alternative to 1st charge-When on active service, neglect to the prejudice of good order and military discipline.

4. 3rd Charge, A.A. Section 17.-When on active service, when concerned in the care of regimental property, fraudulently misapplying the same.

5. 4th Charge, A.A. Section 40 alternative to 3rd charge-When on active service, neglect to the prejudice of good order and military discipline.

6. The appellant was ordered to be tried by a Field General Court-martial. He was in due course so tried and was convicted in respect of the two offences charged under Section 17, Army Act, and was sentenced to two years' imprisonment and to be cashiered. T