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.
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.