R v Schoonwinkel

R v Schoonwinkel
Court Cape Provincial Division
Full case name R v Schoonwinkel
Argued 11 March 1953 (1953-03-11)
Decided 11 March 1953 (1953-03-11)
Charge culpable homicide
Citation(s) 1953 (3) SA 136 (C)
Court membership
Judge sitting Steyn J and assessors
Case opinions
Decision by Steyn J
Keywords
Criminal law, criminal liability, automatism, epilepsy, culpable homicide

In R v Schoonwinkel,[1] 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. The accused had suffered an epileptic fit 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,[2] read with section 219 of the Criminal Procedure Act.[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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