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Criminal Law: Cases
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The meaning of the phrase "criminal law" was historically a matter of debate. It was first defined by the Privy Council in the Board of Commerce case as that which the "subject matter is one which by its very nature belongs to the domain of criminal jurisprudence". This definition was found to be overly narrow as it froze the definition of 91(27) to only include matters that were considered criminal during confederation. The provision was reinterpreted in PATA v. Canada where instead the Privy Council used a very broad definition describing it as any law containing a prohibition with penal consequences.
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The ruling grows out of a case in which a Charlevoix man accused of trading Oxycontin pills for the sexual favors of a cocktail waitress was charged under an obscure provision of Michigan’s criminal law. The provision decrees that a person is guilty of first-degree criminal sexual conduct whenever “sexual penetration occurs under circumstances involving the commission of any other felony.”
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Founding member Mark Weingart is a board certified criminal law specialist under standards established by the Arizona Board of Legal Specialization. He has tried more than 500 cases to a jury, and knows how to focus the jury's attention on the prosecutor's mistakes.
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