Wounding or inflicting grievous bodily harm (s.20)

s.20Offences Against the Person Act 1861

Unlawfully and maliciously wounding another person, or inflicting grievous bodily harm on them, with or without a weapon.

Wounding or inflicting grievous bodily harm (s.20) · Offences Against the Person Act 1861, s.20Card 30 / 85

Points to prove

Unlawfully – without lawful justification, such as self-defence or valid consent.
Maliciously – the defendant intended, or foresaw the risk of, causing some physical harm. They need not have foreseen a wound or serious harm (R v Mowatt 1968; R v Savage; DPP v Parmenter 1991).
Wound – a break in the continuity of the whole skin, both outer and inner layers. Internal bleeding or a ruptured blood vessel is not a wound (JCC v Eisenhower 1984).
Grievous bodily harm – really serious harm (DPP v Smith 1961). “Serious harm” is a sufficient direction (R v Saunders 1985). Injuries are judged together and in the light of the victim’s age and health (R v Bollom 2003).
Inflict – does not need an assault or direct force. Serious psychiatric injury can be grievous bodily harm (R v Ireland; R v Burstow 1997).

s.20 needs no intent to cause serious harm. If there was intent to cause GBH, the offence is s.18.
Racially or religiously aggravated s.20 is a separate offence under s.29 Crime and Disorder Act 1998, with a maximum of 7 years.
If the victim was an emergency worker acting in the exercise of their functions, the court must treat that as an aggravating factor (s.67 Sentencing Act 2020).
A wound is enough on its own. A minor cut that breaks the whole skin is a wound even though it is not serious harm.

Legislation: Offences Against the Person Act 1861, s.20 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)