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Unlawful wounding / inflicting GBH (s.20)

Violence and injury — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Violence and injury

Unlawful wounding / inflicting GBH (s.20)

Offences Against the Person Act 1861, s.20

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years' custody (7 years if racially/religiously aggravated)

Actus reus

  • Wound: break in the continuity of the whole skin (both layers); or inflict/cause grievous bodily harm.
  • GBH means really serious harm — includes serious psychiatric injury and serious permanent disability.

Mens rea

  • Intention or recklessness as to causing some physical harm — need not be GBH-level harm.
  • "Maliciously" requires subjective foresight of some harm (Cunningham recklessness), not Caldwell recklessness.

Verified case law

  • R v Savage; DPP v Parmenter[1992] 1 AC 699

    For s.47 OAPA, mens rea is that for common assault only; for s.20, subjective foresight of some physical harm is required.

  • R v Cunningham[1957] 2 QB 396

    "Maliciously" in the 1861 Act requires subjective foresight of harm (Cunningham recklessness).

Defences

Deny causation · Self-defence · No foresight/intent for any harm (accident) · Intoxication (limited — basic intent)

Sentencing Council

Sentencing Council s.20 guideline effective 1 July 2021. Offence range: community order to 4 years 6 months' custody; separate Step 3 uplift for racial/religious aggravation.

View definitive guideline ↗

At the police station

Distinguish from s.18 — s.20 does not require intent to cause GBH. Knife/glass cases often charged s.18; explore whether instructions support only recklessness as to minor harm.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Violence and injury

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.