Learning Outcomes
After studying this article, you will be able to:
- Identify and explain the actus reus and mens rea of malicious wounding or inflicting grievous bodily harm (GBH) under s.20 Offences Against the Person Act 1861.
- Distinguish s.20 from s.18 offences.
- Apply the legal definitions of "wound," "GBH," and "maliciously" to practical scenarios.
- Recognise common exam pitfalls and key terms relevant to SQE1 assessment.
SQE1 Syllabus
For SQE1, you are required to understand the law and application of s.20 OAPA 1861, including the elements of the offence and how it differs from related offences. In your revision, focus on:
- The actus reus of s.20: what constitutes a "wound" and "grievous bodily harm."
- The mens rea of s.20: the meaning of "maliciously" (intention or recklessness as to some harm).
- The distinction between s.20 and s.18 offences.
- The relevance of causation, including factual and legal causation.
- Application of key terms and exam-style scenarios.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the legal definition of a "wound" for the purposes of s.20 OAPA 1861?
- Does s.20 require the defendant to intend or foresee serious harm?
- How does the mens rea for s.20 differ from that required for s.18 OAPA 1861?
- Can psychiatric injury amount to grievous bodily harm under s.20?
Introduction
Malicious wounding or inflicting grievous bodily harm (GBH) under s.20 Offences Against the Person Act 1861 is a key non-fatal offence against the person. For SQE1, you must be able to identify the elements of the offence, apply the correct definitions, and distinguish s.20 from more serious offences such as s.18. This article explains the actus reus and mens rea of s.20, clarifies essential terms, and provides practical examples to bolster your understanding.
Actus Reus of s.20 OAPA 1861
To prove an offence under s.20, the prosecution must show that the defendant unlawfully wounded or inflicted grievous bodily harm on another person.
Key Term: wound A wound is an injury that breaks both the outer and inner layers of the skin (the dermis and epidermis). Internal bleeding alone is not a wound unless the skin is broken.
Key Term: grievous bodily harm (GBH) GBH means "really serious harm." This can include serious physical injury, severe psychiatric injury, or the transmission of a serious disease.
Key Term: inflict "Inflict" means to cause the harm. There is no requirement for a direct application of force; indirect actions can suffice.
Wounding
A wound requires a break in the continuity of the whole skin. A minor cut that pierces both layers is sufficient, but bruising or internal ruptures without skin breakage are not.
Grievous Bodily Harm
GBH covers serious physical injuries (e.g., broken bones), severe psychiatric harm, and the transmission of serious diseases (such as HIV). The harm must be assessed in the context of the victim's age and health.
Inflicting GBH
"Inflicting" GBH simply means causing it. There is no need for a direct assault; indirect actions or even psychological harm (if sufficiently serious) can amount to GBH.
Mens Rea of s.20 OAPA 1861
The defendant must act "maliciously"—that is, they must intend or be reckless as to causing some harm (not necessarily serious harm).
Key Term: maliciously For s.20, "maliciously" means the defendant intended to cause some physical harm or was subjectively reckless as to the risk of some harm.
Intention
Intention means the defendant's aim or purpose was to cause some harm.
Recklessness
Recklessness is subjective: the defendant must actually foresee the risk of some harm and unreasonably take that risk.
Distinguishing s.20 from s.18 OAPA 1861
| Element | s.20 OAPA 1861 | s.18 OAPA 1861 |
|---|---|---|
| Actus reus | Wounding or inflicting GBH | Wounding or causing GBH |
| Mens rea | Intention or recklessness as to some harm | Specific intent to cause GBH or resist arrest |
| Level of harm intended | Some harm (not necessarily serious) | Serious harm (GBH) required |
s.18 is an offence of specific intent; s.20 is a basic intent offence.
Causation
The prosecution must prove that the defendant's conduct caused the wound or GBH.
Key Term: causation Causation requires both factual causation ("but for" the defendant's act, the harm would not have occurred) and legal causation (the act was a significant cause of the harm).
Factual Causation
Apply the "but for" test: would the harm have occurred but for the defendant's actions?
Legal Causation
The defendant's act must be a substantial and operating cause of the harm. The chain of causation may be broken by an unforeseeable intervening act, but not by the victim's vulnerabilities (thin skull rule).
Consent and Defences
Consent is not a defence to s.20 unless the harm occurred in the context of properly conducted sport, medical treatment, or other recognised exceptions.
Self-defence may apply if reasonable force was used.
Intoxication is not a defence to s.20 if the intoxication was voluntary, as s.20 is a basic intent offence.
Exam Warning
Exam Warning For s.20, the defendant does not need to intend or foresee serious harm—only some harm. Do not confuse this with s.18, which requires specific intent to cause GBH.
Revision Tip
Revision Tip Always check whether the injury is a wound (break in both layers of skin) or GBH (really serious harm). The distinction is essential for identifying the correct offence.
Worked Example 1.1
Scenario:
Jordan punches Sam in the face, causing a deep cut to Sam's cheek that bleeds heavily. Did Jordan commit a s.20 offence?
Answer:
Yes. The cut is a wound (breaks both layers of skin). If Jordan intended or was reckless as to causing some harm, s.20 is made out.
Worked Example 1.2
Scenario:
Priya, knowing she is HIV positive, has unprotected sex with Alex without informing him. Alex contracts HIV. Is this GBH under s.20?
Answer:
Yes. The transmission of a serious disease is GBH. If Priya intended or was reckless as to the risk of harm, she is liable under s.20.
Worked Example 1.3
Scenario:
Lee throws a glass intending to scare Pat, but the glass hits Pat and causes a minor cut. Lee foresaw the risk of some harm but did not intend serious injury. Is s.20 satisfied?
Answer:
Yes. Lee was reckless as to some harm, and the cut is a wound. s.20 is satisfied.
Summary
| Offence | Actus Reus | Mens Rea | Notes |
|---|---|---|---|
| s.20 OAPA 1861 | Wounding (break in both skin layers) or inflicting GBH (really serious harm) | Intention or recklessness as to some harm | No need to intend or foresee serious harm. Basic intent offence. |
| s.18 OAPA 1861 | Wounding or causing GBH | Specific intent to cause GBH or resist arrest | Must intend serious harm. Specific intent offence. |
Key Point Checklist
This article has covered the following key knowledge points:
- The actus reus of s.20: unlawful wounding (break in both skin layers) or inflicting GBH (really serious harm).
- The mens rea of s.20: intention or subjective recklessness as to some harm (not necessarily serious harm).
- "Maliciously" means intention or recklessness as to some harm, not serious harm.
- s.20 is a basic intent offence; voluntary intoxication is not a defence.
- s.20 differs from s.18, which requires specific intent to cause GBH.
- Causation must be established: the defendant's act must be a substantial cause of the harm.
- Consent is not a defence except in limited circumstances (e.g., sport, medical treatment).
- Psychiatric injury and disease transmission can amount to GBH if sufficiently serious.
Key Terms and Concepts
- wound
- grievous bodily harm (GBH)
- inflict
- maliciously
- causation
