Malice supplies age.

Explanation

Where a minor demonstrates a degree of malice beyond his years, the law may treat him as capable of criminal intent regardless of the presumption of incapacity attending his age.

Where this applies

• A 12-year-old committed a crime with adult-level premeditation — should they be tried as an adult?
• A minor showed sophisticated criminal planning beyond their years.

See also

• 3.8.1 A minor has the power to make his condition better, but not worse.
• 7.1.1 In criminal matters, the will is taken for the deed.