ABSTRACT
The word ‘maliciously’ is to be interpreted in the same way here as in relation to s 20. That is, it means the D must intend, or be subjectively reckless, as to the causing of the wound, or some harm (not necessarily serious harm), to the V. Of course, if the offence is charged is in the form of (c), above, then the word ‘maliciously’ and the mens rea implied by it, is redundant. It is absorbed into the requirement that the D intended grievous bodily harm when causing the actus reus. If the charge is on any of the other three bases, however, then the prosecution will have to prove both that the D acted ‘maliciously’ as regards the actus reus, and also had the relevant ‘ulterior’ intent.
