R v Schoonwinkel
CourtCape Provincial Division
Full case nameR v Schoonwinkel
Argued11 March 1953 (1953-03-11)
Decided11 March 1953 (1953-03-11)
Chargeculpable homicide
Citation(s)1953 (3) SA 136 (C)
Court membership
Judge sittingSteyn J and assessors
Case opinions
Decision bySteyn J
Keywords
Criminal law, criminal liability, automatism, epilepsy, culpable homicide

In R v Schoonwinkel, an important case in South African criminal law, particularly as it applies to the defence of automatism, the driver of a motor vehicle was charged with culpable homicide, having collided with and killed a passenger in another car.[1] The accused had had an epileptic seizure at the time of the accident, rendering his mind a blank. The nature of his epilepsy was such that he would normally not have realised or foreseen the dangers of driving, having had only two previous minor attacks, the last a long time before the accident. This evidence, distinguishing this case from R v Victor, exonerated him from criminal responsibility. The court found additionally that this was not a case falling under the provisions of the Mental Disorders Act, read with section 219 of the Criminal Procedure Act.[2][3]

See also

References

  • R v Schoonwinkel 1953 (3) SA 136 (C).

Notes

  1. ↑ 1953 (3) SA 136 (C).
  2. ↑ Act 38 of 1916.
  3. ↑ Act 31 of 1917.


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