R. v. Osman, (1991) 102 N.S.R.(2d) 426 (ProvCt)

JudgeCrawford, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateMarch 01, 1991
JurisdictionNova Scotia
Citations(1991), 102 N.S.R.(2d) 426 (ProvCt)

R. v. Osman (1991), 102 N.S.R.(2d) 426 (ProvCt);

    279 A.P.R. 426

MLB headnote and full text

Her Majesty The Queen (informant) v. George William Osman (defendant)

Indexed As: R. v. Osman

Nova Scotia Provincial Court

Crawford, P.C.J.

March 1, 1991.


The accused was charged with refusing a breathalyzer demand. The Nova Scotia Provincial Court acquitted the accused.

Criminal Law - Topic 1377

Motor vehicles - Impaired driving - Breathalyzer - Refusal - The 77 year old accused was involved in a single vehicle accident - He was given a breathalyzer demand - He refused - At the police station he asked to consult his lawyer - After consulting with his lawyer, he offered to take the test - The Nova Scotia Provincial Court held that the accused's subsequent offer was made within a reasonable time and should have been accepted - In appropriate circumstances an initial refusal may be taken as a request to consult counsel.

Cases Noticed:

R. v. Cunningham (1989), 97 A.R. 81; 49 C.C.C.(3d) 521, consd. [para. 12].

R. v. Bowman (1978), 25 N.S.R.(2d) 716; 36 A.P.R. 716; 40 C.C.C.(2d) 525 (C.A.), consd. [para. 13].

R. v. Jumaga (1976), 9 N.R. 102; 29 C.C.C.(2d) 269 (S.C.C.), appld. [para. 15].

R. v. Jumaga (1974), 19 C.C.C.(2d) 286 (Man. C.A.), affd. 9 N.R. 102; 29 C.C.C.(2d) 269 (S.C.C.), consd. [para. 18].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 254(5) [para. 1].


Craig Harding, for the prosecution;

Del Atwood, for the defence.

This case was heard before Crawford, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on March 1, 1991.

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