[1] There is a world of difference between being absent without leave [AWOL] from your station or post, and being a deserter. In the armed forces, whether navy, army or air, it is a question of honour.

[2] In this appeal, the appellant was Court-martialled and found guilty for the offence of desertion under s 54(1)(a) of the Armed Forces Act 1972 [Act 77] by the respondent. He was sentenced to three months' imprisonment and dishonourable discharge from His Majesty's service. The appellant challenged the respondent's decision by way of judicial review proceedings. He was unsuccessful at both the High Court and the Court of Appeal.

[3] On 14 February 2022, the Federal Court granted leave on three questions of law.

[4] On 20 September 2022, we unanimously allowed his appeal; answering the third question posed, in the negative. That answer was sufficient reason for us to allow the appeal in which case the remaining two questions need not be answered. The three questions