NCJ Number
139416
Journal
Journal of the Forensic Science Society Volume: 32 Issue: 3 Dated: (1992) Pages: 245-248
Date Published
1992
Length
4 pages
Annotation
In a recent criminal case in Scotland, the premenstrual tension experienced by an accused woman became an issue in the trial court and was found to be a mitigating factor by the appellate court.
Abstract
The woman pleaded guilty to traffic offenses involving an accident in which her vehicle struck another and she did not remain to give information to the other driver. She was sentenced to loss of her driver's license for 6 months. She appealed the loss of license, arguing that she was suffering from premenstrual tension at the time of the offenses and that the disqualification was neither necessary nor appropriate. The appellate court changed the sentence by removing the disqualification and substituting 10 penalty points on the license. The result was that the woman kept her license but could lose it if she committed a further traffic offense within the next 3 years. The appellate court could have handled the appeal without discussing premenstrual tension. Its recognition of this factor is a notable and humane advance. However, the recognition may lead to future difficulties regarding the proper holding of a license or driving a vehicle when irrational behavior is likely. In addition, what the court said about premenstrual tension can probably be said about other conditions such as benign multiple sclerosis. 3 references