| R v Schoonwinkel | |
| Court: | Cape Provincial Division |
| Full Name: | R v Schoonwinkel |
| Citations: | 1953 (3) SA 136 (C) |
| Judges: | Steyn J and assessors |
| Number Of Judges: | 1 |
| Decision By: | Steyn J |
| Charge: | culpable homicide |
| Keywords: | Criminal law, criminal liability, automatism, epilepsy, culpable homicide |
| Italic Title: | force |
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]