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

• Judge: Crawford, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: March 01, 1991
• Jurisdiction: Nova 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.

Summary:

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].

Counsel:

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.