need for modern and simplified language

• section 20 of the offences against the person act 1861 uses the word 'maliciously'. in modern language, this adverb suggests acting deliberately and with malevolence towards the victim. but, the meaning of 'Maliciously' in the offences against the person act 1861 has been held to be that the defendant either intended to do the type of harm that was done or was reckless as to whether that type of harm occurred.
• What did the law commission say to use as a word instead of 'maliciously', and why?

  The law commission suggested the word 'reckless' be used instead. it would make sense given that if the defendant intended to do something, then they would have been more than reckless.
• The Offences Against the Person Act 1861 is not very consistent in the language used. in section 20, the verb to 'inflict' is used; however, in section 18, the verb 'cause' is used instead. This has led to considerable;e debate as to whether the word 'inflict' in section 20 meant that a technical assault had to take place. However, the case of r v Burstow finally resolved this by ruling that it did not-- meaning that inflict and cause would mean the same thing.
• The word 'assault' has been used in many different ways; it can refer to:

  • the common law offence of assault
  • assault, and battery in common assault
  • either in the underlying offences of assault or battery in the context of section 47 of the offences against the person act 1861