A FORMER army sergeant who forged his estranged wife's signature to pocket the proceeds of two life savings plans, spending £11,000 on his teeth, has been freed from prison by appeal judges.

Bournemouth Crown Court had heard how David Whalley had used part of the £27,859 proceeds from cashing in the endowment plans to fund dental treatment.

The 59-year-old old from East Holme, Wareham, had admitted obtaining property by deception.

But he was freed after an Appeal Court judge decided more notice should have been taken of his previous good character.

A month after Whalley and his wife of 33 years split up in October 2002, she returned to live in Ireland.

Her husband wrote to two insurance companies asking to cash in the endowment policies, signing both letters with his wife's signature.

Part of the money had been used for dental work because Whalley's teeth were "crumbling" away following military service in the Arctic.

The offence came to light after divorce proceedings were instigated.

Last month Recorder Paul Dugdale sent Whalley to prison for six months, telling him: "I treat this case as breach of trust. That money is all gone and your wife will not have the benefit of it at all."

But Lord Justice Thomas, sitting at London's Criminal Appeal Court yesterday, said the sentence was too long for someone of his good character.

He ordered Whalley's release, suspending the jail term for 18 months.

The judge recalled how Whalley had struggled to come to terms with civilian life after retiring from the Army, having served his country all over the world for 22 years.

His barrister Anne Brown argued that the sentence was too long and that a term that allowed for his immediate release should be substituted.

Allowing the appeal, Lord Justice Thomas spoke of the problems Whalley had experienced since leaving the Army, his depression, dependency on state benefits and the ill-health suffered by his current partner.

The judge added that Whalley had also found his time in Exeter prison particularly hard.

He said: "This was a clear case where the clang of the prison gates was probably a punishment in itself."