When assessing the objective seriousness of murder, the offender's state of mind is a highly relevant consideration, but there is no strict hierarchy of seriousness based on the different mental states in s 12 of the Crimes Act 1900 (ACT). A sentencing judge's general observation that intention to kill is typically more culpable than reckless indifference, which is typically more serious than intention to cause serious harm, does not constitute error where it is qualified by acknowledgment that objective seriousness depends on all the circumstances. Criticisms of a sentencing judge's findings that amount to matters of emphasis or weight, rather than errors of principle, will not establish manifest inadequacy.
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