Lacunae in the Application of the Defence of Immaturity Under the Malaysian Criminal Law

The Malaysian law has provided a specific defence to a child offender within the ages of ten to twelve. Nevertheless, the accused child musl prove that at the time of committing the crime, he or she has not attained sufficient maturity of understanding to judge the nature and consequence of the act. How is immaturity defined by the courts and how do the courts apply this particular defence to exempt the childfrom his or her criminal liability? These questions are highlighted in this article and it is submitted that the Malaysian courts have never interpreted immaturity in the provision of section 83 of the Malaysian Penal Code. which subsequently leads to the finding that its application is vague and ambiguous.