s. 20 Offences Against the Person Act 1861

Question 1

What is the actus reus of a Section 20 offence?
A. An assault or battery causing psychiatric harm
B. Unlawful wounding or infliction of grievous bodily harm
C. Causing bodily harm with intent to resist arrest
D. Causing ABH by omission

Answer 1

B. Unlawful wounding or infliction of grievous bodily harm
Explanation: Section 20 criminalises unlawfully wounding or inflicting GBH — no assault or battery is strictly required (R v Wilson; R v Burstow).

Question 2

Which of the following best defines a “wound” under s.20?
A. A break in both the dermis and epidermis
B. A bruise or internal rupture of blood vessels
C. Any injury breaking the surface of the skin
D. Any deep cut or gash causing blood loss

Answer 2

A. A break in both the dermis and epidermis
Explanation: In C (a minor) v Eisenhower, the court clarified that a wound requires breaking both layers of the skin — internal bleeding alone is not sufficient.

Question 2

What level of mens rea is required for a conviction under s.20 OAPA 1861?
A. Intention to cause grievous bodily harm
B. Recklessness as to causing grievous bodily harm
C. Intention or recklessness as to some harm
D. Intention to cause serious psychiatric injury

Answer 2

C. Intention or recklessness as to some harm
Explanation: In R v Savage and R v Mowatt, the court held that for s.20, it is enough that the defendant intended or foresaw some harm, not necessarily serious harm.

Question 3

What is the maximum sentence for a Section 20 offence?
A. 7 years
B. 5 years
C. 10 years
D. Life imprisonment

Answer 3

A. 7 years
Explanation: Section 20 carries a maximum sentence of 7 years’ imprisonment, as set out in the statute.

Question 4

D hits V with a metal bar, breaking V’s arm. D only intended to frighten V. What offence is most appropriate?
A. Section 18 GBH
B. Assault
C. Section 20 GBH
D. No offence due to lack of intent

Answer 4

C. Section 20 GBH
Explanation: D caused grievous bodily harm and at least recklessly foresaw some harm. Intention to cause GBH is not required under s.20.

Question 5

D punches V in the face, causing a swollen eye and nosebleed. Which is the most likely charge?
A. Common assault
B. ABH under s.47
C. GBH under s.20
D. Wounding under s.20

Answer 5

B. ABH under s.47
Explanation: Unless there is a break in both layers of skin or serious harm, the injury is more consistent with ABH, not GBH or wounding.

Question 6

D throws a bottle at V. The bottle smashes on V’s head, splitting the skin and causing blood loss. What offence has likely been committed?
A. Section 20 wounding
B. Assault
C. Battery
D. Section 47 ABH

Answer 6

A. Section 20 wounding
Explanation: A wound involves a break in both layers of the skin. This, combined with the reckless act, satisfies s.20.

Question 7

D causes psychiatric illness through persistent stalking. There was no physical attack. What offence may apply?
A. Battery
B. Harassment
C. Section 18 GBH
D. Section 20 GBH

Answer 7

D. Section 20 GBH
Explanation: In R v Burstow, the court confirmed that serious psychiatric illness can amount to GBH and be prosecuted under s.20, even without physical contact.

Question 8

D smashes a glass in a pub fight. A shard flies into V’s eye, permanently damaging it. D was reckless. Which offence best fits?
A. Section 18 GBH
B. Section 20 GBH
C. ABH
D. No offence

Answer 8

B. Section 20 GBH
Explanation: The injury is serious enough to amount to GBH. D’s recklessness as to some harm is sufficient for s.20.

Question 9

D shoves V, who falls and breaks their wrist. D did not foresee any injury. Which outcome is correct?
A. No offence — no intention
B. Section 18 GBH
C. Section 20 GBH
D. Battery only

Answer 9

C. Section 20 GBH
Explanation: If it can be shown that D foresaw some harm, even if not serious, the offence can amount to s.20 (per Mowatt). The serious result (broken wrist) satisfies the GBH element.

Question 10

D kicks V during a robbery. V suffers a fractured skull. D claims he only meant to frighten V. Which offence is most likely?
A. Section 18 GBH
B. Section 20 GBH
C. Assault
D. Section 47 ABH

Answer 10

B. Section 20 GBH
Explanation: There is no requirement for D to intend serious injury. If D at least foresaw some harm, the serious injury means s.20 applies.

Question 11

D slashes V’s arm with a knife, breaking both layers of skin. D did not realise it would cause a wound. Which is the most appropriate charge?
A. Assault
B. Battery
C. Section 18 GBH
D. Section 20 wounding

Answer 11

D. Section 20 wounding
Explanation: A wound requires a break in both skin layers. D need not intend that — recklessness as to some harm is enough.

Question 12

Can a defendant be guilty of a Section 20 offence if grievous bodily harm is caused indirectly, without physical assault?

A. Yes — if GBH is a reasonably foreseeable consequence
B. No — direct force is always required
C. No — unless a deadly weapon was used
D. Yes — but only where the defendant intended serious harm

Answer 12

A. Yes — if GBH is a reasonably foreseeable consequence
Explanation: In R v Burstow, it was confirmed that “infliction” under s.20 does not require direct force. Serious psychiatric harm caused indirectly (such as by stalking) can amount to GBH. As long as there is causation and the defendant intended or foresaw some harm, s.20 can be satisfied.