A ground of appeal alleging that a trial judge misapplied correctly stated principles to the facts involves a mixed question of fact and law and does not fall within s 107(2). However, a ground identifying a legal requirement as a necessary element of the Crown case (such as whether the Crown must identify the particular act causing death) involves a question of law alone. The CCA may limit a new trial under s 107(6) to a lesser charge such as manslaughter, and should exercise its discretion not to order a new trial where it is satisfied a conviction would be overturned as unreasonable on appeal.
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