Unlawfully and Maliciously

Unlawfully and Maliciously

Unlawfully 

Both provisions require that the wounding or the causing of grievous bodily harm be "unlawful". The significance of this is that, if the defendant used force in self-defence, in defence of others, in defence of property, or to prevent crime, these may all be possible defences. 

Maliciously 

This word appears in the definition of a number of statutory offences, most of which derive from nineteenth-century legislation. Its meaning is: actually intending to cause the kind of harm that in fact occurred, or being reckless as to whether such harm would occur (that is, the defendant foresaw that such harm might occur but unreasonably took the risk of doing so). It is not limited to, nor does it require, any spite or ill-will on the part of the defendant towards the victim. 

In a charge of wounding under section 19, the word "malicious" has a specific legal meaning, namely that the defendant must: 

1. have intended to cause some bodily harm, however slight, to the victim; or 

2. have been aware that he might cause some bodily harm, however slight, to the victim, and nevertheless have taken the risk of doing so.