A finding that an offender convicted of felony murder had an intention to inflict grievous bodily harm does not infringe the De Simoni principle where it does not elevate the felony murder into another class of murder but merely assesses the criminality of the offender's conduct. In cases of extreme objective gravity, the weight to be given to youth, Aboriginality, intellectual disability, and deprived socio-economic background as mitigating factors may be significantly reduced.
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