The case of R. v Dodman (Darryl Philip)  2 Cr. App. R. 338 clearly stated the four ingredients necessary for an offence under the Army Act 1955 s.69, and a judge had been wrong to disregard that decision, by which he was bound, and add additional requirements to the offence.
ACTION WHEN DISPUTING FORM OF CHARGES
 EWCA Crim 83 February 1, 2012