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    s.20 OAPA 1861

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    Introduction

    1. Introduction: Malicious Wounding / Inflicting GBH (s.20 OAPA 1861)

    Section 20 is one of the most frequently charged serious assaults, sitting between the lower-level s.47 and the most serious s.18. For a solicitor advising in the police station or preparing a case, the skill is precise: deciding whether an injury is a wound or grievous bodily harm, and whether the defendant's state of mind reaches the threshold the offence demands — which is lower than many people expect. Knowing exactly where s.20 begins and ends lets you charge, defend, or advise with confidence.

    This lesson builds that picture element by element:

    1. The Offence and What Must Be Proved — the structure of s.20, its maximum sentence, and the two forms its conduct can take.
    2. Actus Reus: Wounding — what legally counts as a wound, and what falls short.
    3. Actus Reus: Grievous Bodily Harm — the meaning of 'really serious harm', the victim's characteristics, psychiatric injury, and how harm is 'inflicted'.
    4. Mens Rea: Maliciously — why foresight of some harm is enough, and why the test is subjective.
    5. Consent — the general rule that consent fails at this level, and the recognised exceptions.
    6. Distinctions and Aggravated Form — how s.20 differs from s.47 and s.18, and the racially or religiously aggravated version.

    Next: 2. The Offence and What Must Be Proved

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