Malicious Wounding

Section 20 of the OAPA:.

"unlawfully and maliciously wounds or inflicts any grievous bodily harm, either with or
without a weapon or instrument, upon any other person".

Conduct elements include wounding and inflicting Grievous Bodily Harm . Remember conduct elements are actions that must be present if one was charged with Malicious wounding. So the individual must maliciously wound or inflict GBH. Remember a wound requires the penetration of both skin layers. So if (A) shoots (V) with a nail gun and the nail pierces his arm, then one can be charged under section 20 of OAPA ( Offences Against the Person Act). But why can't this individual be charged under section 18? (A) definitely wounded (V) because the wound pierced both skin layers, however in section 18 one is required to prove "intent" to cause grievous bodily harm. Specific intent is required in Section 18.

So if my understanding serves me correctly, one can wound an individual without intending to cause serious harm. Or maybe his intention is to cause serious harm but proving the intention is sometimes too difficult and so  an individual gets charged under section 20 instead. GBH must also be "inflicted". The word inflict denotes that a motion or action must be transferred from the offender's body that translates into a degree of physical assault rendered to the victim . However, after R v Wilson (1984) GBH under section section 20 does not require a physical assault. (A) can dig a hole with the hope that (V) will fall in and seriously injure themselves and A could be charged with malicious wounding under section 20. If (V) were to fall and break his leg and arm, (A) can still be charged under section 20. Though he did not actually physically assault (V), the digging of the hole with the intention of causing harm to (V) and the consequent falling of (V) into the pit and breaking of his limbs would be considered as inflicting grievous bodily harm.

So folks before you decide to beat someone up or do something malicious that will result in serious wounds, think of the 5 years in prison that will ensue when convicted.