Actus reus: conduct and consequence crimes | OCR A-Level Law

For Specification H418

OCR A-Level Law | Free Revision Notes

Estimated study time: 40 to 50 minutes

These Actus reus conduct and consequence crimes A-Level Law revision notes introduce the external element of criminal liability. OCR requires you to understand actus reus and distinguish between crimes based on prohibited conduct and crimes requiring a prohibited consequence. This topic builds on the principles underpinning criminal liability [Lesson 33. Theories, aims and principles of criminal law] and provides the starting point for later study of voluntary acts, omissions and causation. Learning to identify the precise actus reus is also essential for OCR criminal-law scenario questions.

Learning Objectives 🎯

By the end of this revision page, you should be able to:

• Explain actus reus as an element of criminal liability.

• Distinguish between conduct crimes and consequence crimes.

• Identify whether an offence requires prohibited conduct, a prohibited consequence, or both.

• Identify the relevant actus reus in factual scenarios.

• Explain why causation becomes important in consequence crimes.

OCR places conduct and consequence crimes at the beginning of its required study of the general elements of criminal liability.

Revision Notes 📚

Actus reus conduct and consequence crimes A-Level Law revision overview

OCR divides the general elements of criminal liability into actus reus and mens rea.

Within actus reus, the specification requires study of:

• conduct and consequence crimes

• voluntary acts and states of affairs

• omissions

• factual causation

• legal causation

• ways in which the chain of causation may be broken

This lesson focuses only on the first part, conduct and consequence crimes. The remaining requirements are developed in the lessons that follow.

What is actus reus?

Actus reus is the external element, or external elements, that must be established for a criminal offence.

It concerns what the law requires to have happened externally rather than the defendant's

state of mind.

Depending on the particular offence, the actus reus may involve:

• particular conduct

• particular circumstances surrounding that conduct

• a particular consequence

• a combination of these requirements

The precise actus reus is different for different criminal offences.

For example, OCR's mark schemes identify distinct actus reus requirements for offences such as assault, grievous bodily harm, theft, burglary, robbery and murder.

Actus reus and mens rea are different

It is important to separate actus reus from mens rea.

Actus reus	Mens rea
External elements of the offence	Fault element of the offence
Focuses on conduct, circumstances or consequences	Focuses on the defendant's relevant state of mind or fault
Considered first when identifying what happened	Considered separately when analysing fault

You will begin detailed study of mens rea in mens rea and fault [Lesson 40. Mens rea and fault].

⚠️ Exam warning: Do not automatically discuss mens rea simply because a question concerns criminal liability. OCR sometimes asks candidates specifically about actus reus. In the 2025 examination, candidates who unnecessarily discussed mens rea in a question limited to the actus reus of murder gained no credit for that material.

Identifying the actus reus

When faced with an offence, ask:

What external facts does the law require before this offence can be established?

The answer might concern:

• what the defendant did

• the circumstances in which they acted

• what happened as a result

• whether the defendant caused that result

Do not start by looking at what the defendant intended. Intention belongs to mens rea and should be considered separately unless the particular question asks for both.

Conduct crimes

A conduct crime is an offence where the actus reus centres on the defendant carrying out prohibited conduct.

The prosecution does not have to establish a further prohibited consequence of that conduct as a separate actus reus requirement.

The key question is therefore:

Did the defendant perform the conduct required by the offence?

This does not mean that every conduct crime has only one simple act. Its actus reus may contain several external requirements or circumstances.

Conduct crime example: burglary

OCR requires the study of burglary under sections 9(1)(a) and 9(1)(b) of the Theft Act 1968.

For burglary, OCR's 2025 mark scheme identifies actus reus matters including:

• entry

• a building or part of a building

• entry as a trespasser

The offence therefore requires analysis of what the defendant did and the circumstances in which that conduct occurred.

For example, if a defendant goes behind the counter of a shop without permission, the issue is not whether entering caused a separate physical injury or other prohibited result. The relevant external questions include whether there was entry into part of a building and whether that entry was as a trespasser.

You will study the complete requirements of burglary later in the property offences section. At this stage, the example shows how actus reus can focus primarily on conduct and surrounding circumstances.

Conduct does not mean mens rea is irrelevant

Calling an offence a conduct crime does not mean that mens rea is unnecessary.

The distinction between conduct and consequence crimes concerns the actus reus.

A complete offence may still require the prosecution to establish a particular mens rea.

For example, OCR's burglary materials separately identify:

• actus reus requirements

• mens rea requirements

The two must not be confused.

Consequence crimes

A consequence crime requires a specified result or consequence as part of its actus reus.

It is therefore not enough to show only that the defendant behaved in a particular way.

The required consequence must also occur.

The basic structure is:

Defendant's conduct → required consequence

Because the consequence forms part of the offence, another question normally follows:

Did the defendant legally cause that consequence?

That is why causation is especially important for consequence crimes.

Murder as a consequence crime

Murder provides a clear OCR example.

The actus reus of murder requires a killing, so the victim's death is a necessary consequence.

OCR's 2025 mark scheme required candidates analysing the actus reus of murder to consider:

• the killing or death

• whether the killing was unlawful

• whether the victim was a human being

• the other requirements of murder

• factual causation

• legal causation

The mark scheme therefore links the prohibited consequence, death, directly with causation.

You will study the full offence in murder [Lesson 48. Murder].

Why causation matters in consequence crimes

Suppose a defendant performs an act and the victim later suffers the consequence required by an offence.

That does not automatically establish the complete actus reus.

The prosecution may also need to establish that the defendant caused that consequence.

For example:

• an act occurs

• a victim later dies

• the prosecution must establish the required connection between the defendant's act and the death

OCR divides this into factual causation [Lesson 37. Factual causation] and legal causation [Lesson 38. Legal causation].

The detailed tests belong in those later lessons. For now, remember:

Where a particular consequence forms part of the actus reus, causation connects the defendant's conduct with that consequence.

Conduct crimes and consequence crimes compared

Feature	Conduct crime	Consequence crime
Main focus of the actus reus	Prohibited conduct and relevant circumstances	A prohibited result or consequence
Must a specified consequence occur?	Not as a separate required result	Yes
Is causation of a prohibited result central?	Not normally	Yes
Main initial question	Did D perform the prohibited conduct?	Did the required consequence occur and did D cause it?
OCR example that illustrates the distinction	Burglary includes requirements concerning entry, a building and trespass	Murder requires death and causation

A crime may contain more than one actus reus element

A common mistake is to think:

"Actus reus means finding the single physical act."

This is too simplistic.

An offence can contain several actus reus elements.

OCR's treatment of burglary provides a useful illustration. The external requirements include more than simply "entering". Candidates need to identify matters such as:

• entry

• the relevant building or part of a building

• trespass

Likewise, OCR's treatment of murder requires more than simply saying "someone died". The complete actus reus contains several requirements and causation must also be considered.

Conduct, circumstances and consequences

A useful way to break down actus reus is to ask whether the offence includes:

Conduct

What must the defendant do?

For example, OCR burglary materials focus on entry.

Circumstances

In what situation must the conduct take place?

For example, burglary requires consideration of whether the entry is into a building or part of a building and whether the defendant is a trespasser.

Consequence

Must a particular result follow?

For example, murder requires death.

This approach can help you identify the actus reus without confusing it with mens rea.

Identifying actus reus in a factual scenario

OCR criminal-law questions frequently require AO2 application, meaning you must apply legal rules and principles to the facts and present a legal argument using appropriate terminology.

A strong approach is:

Step 1: Identify the possible offence

Work out which offence the facts appear to raise.

Step 2: State the actus reus requirements

Identify the external elements of that offence accurately.

Step 3: Classify the type of issue

Ask:

• Is the question primarily about prohibited conduct?

• Is a prohibited consequence required?

• Are there important external circumstances?

Step 4: Apply each element separately

Match individual facts from the scenario to the individual elements of the actus reus.

Step 5: Consider causation if required

If the offence is a consequence crime, identify that causation will need to be established.

Step 6: Reach a conclusion

State whether the actus reus appears to have been satisfied.

Worked example: identifying a conduct-based actus reus

Scenario: Kai enters a shop that is open to the public. He then walks behind a staff-only counter without permission.

At this stage, the question is simply how to identify the external requirements potentially relevant to burglary.

A structured answer would identify:

• conduct: Kai has entered the relevant area

• circumstance: the area behind the counter may constitute part of the building

• circumstance: Kai may have gone beyond the permission given to customers and therefore become a trespasser

OCR's 2025 burglary mark scheme used closely comparable reasoning when analysing a defendant who entered the area behind a shop counter.

The defendant's mens rea would be a separate issue and is not needed merely to identify the relevant actus reus elements.

Worked example: identifying a consequence-based actus reus

Scenario: Lena pushes Omar down a staircase. Omar suffers serious injuries and later dies.

If murder were being considered, the prohibited consequence is death.

A proper actus reus analysis would therefore need to consider:

• Omar has died

• whether the remaining external requirements for murder are present

• whether Lena's conduct factually and legally caused the death

This reflects the structure used by OCR in the 2025 murder question, where candidates had to apply the actus reus separately to each death in the scenario.

The detailed rules of causation are deliberately left for later lessons.

Identifying the relevant actus reus, not every possible issue

Scenario questions reward focused application.

If the question asks specifically about actus reus, you should not automatically:

• explain every mens rea rule you know

• discuss every defence

• evaluate the law

• write about unrelated offences

Instead, identify the external requirements relevant to the question and apply them.

OCR's 2025 examiner report emphasised that candidates were most successful when they explained the appropriate actus reus rules and then applied those rules clearly to each part of the scenario.

Separate different incidents or victims

If a scenario contains several incidents, defendants or victims, deal with each separately.

For example:

Victim A

1. identify the relevant actus reus

2. apply each element

3. conclude

Victim B

1. identify the relevant actus reus

2. apply each element

3. conclude

In the 2025 OCR examination, candidates who treated two deaths separately produced clearer AO2 application. Candidates who blended the incidents together often made their analysis vague.

Actus reus is offence-specific

There is no single universal actus reus that applies to every criminal offence.

OCR's mark schemes illustrate this clearly.

Assault

The actus reus concerns making the victim apprehend immediate and unlawful personal force or violence.

Grievous bodily harm offences

The actus reus involves the required wound or serious harm.

Theft

OCR applications identify external elements including appropriation, property and property belonging to another.

Burglary

External elements include entry, a building or part of a building and trespass.

Murder

The actus reus includes the prohibited consequence of death and the relevant causation requirements.

You do not need to learn the complete law of all these offences in this lesson. The important point is that the content of the actus reus changes depending on the offence.

Actus reus and later learning

This introductory distinction becomes much more detailed over the next few lessons.

First, OCR requires you to examine whether conduct must be voluntary and the possibility of liability based on a state of affairs in voluntary acts and states of affairs [Lesson 35. Voluntary acts and states of affairs].

You will then examine circumstances in which failing to act can amount to the actus reus through omissions [Lesson 36. Omissions].

For consequence crimes, you will develop the crucial connection between conduct and result through factual causation [Lesson 37. Factual causation], followed by legal causation and possible breaks in the chain.

Key Words 🔑

Key word	Student-friendly definition	How it may be used in an exam
Actus reus	The external element or elements required for a criminal offence	To identify what must happen externally before liability can arise
Conduct crime	An offence whose actus reus focuses on prohibited conduct rather than requiring a further prohibited result	To classify and analyse the external requirements of an offence
Consequence crime	An offence requiring a particular result or consequence as part of its actus reus	To identify when a prohibited result and causation must be considered
Consequence	The result required by the particular offence	To identify what the defendant's conduct must have brought about
Causation	The required connection between the defendant's conduct and a prohibited consequence	To analyse the actus reus of a consequence crime

Hints from the Examiner Reports 💡

Examiner hint: Structure actus reus answers carefully. In the 2025 murder question, stronger candidates clearly identified the actus reus elements before applying them to the scenario.

Examiner hint: Treat separate victims or incidents separately. The 2025 report found that candidates who analysed the two deaths individually produced stronger application, while those who blended them together often became vague.

Examiner hint: Use relevant legal authority where the particular offence requires it. Level 4 responses to the 2025 actus reus question accurately explained the law and supported their knowledge with relevant cases or other authority.

Examiner hint: Do not answer a question that has not been asked. Some candidates discussed mens rea even though the 2025 question specifically stated that mens rea was not required. That material could not receive credit.

Examiner hint: Avoid a "scattergun" approach. OCR's 2025 report warned that some candidates tried to apply everything they knew about a topic instead of selecting the rules actually relevant to the facts.

Common Mistakes ⚠️

Mistake: Defining actus reus simply as "the guilty act"

Why this is incorrect: This can suggest that actus reus always consists of one physical act. In reality, an offence may require conduct, circumstances, consequences or several external elements.

How to improve: Define actus reus as the external element or elements of an offence, then identify the precise requirements of the offence being considered.

Mistake: Confusing conduct crimes with consequence crimes

Why this is incorrect: A conduct crime centres on prohibited conduct, while a consequence crime requires a specified result as part of its actus reus.

How to improve: Ask: "Would the actus reus be complete without proving a particular prohibited result?" If a specified result must occur, you are dealing with a consequence element.

Mistake: Assuming every actus reus requires physical injury

Why this is incorrect: OCR offences demonstrate many different actus reus requirements. Burglary, for example, involves entry, building and trespass requirements rather than needing proof of physical injury.

How to improve: Identify the elements of the particular offence rather than assuming all crimes require harm.

Mistake: Identifying the consequence but ignoring how it occurred

Why this is incorrect: For a consequence crime, the occurrence of the result alone may not be enough. The defendant must be connected to that result through the required causation principles.

How to improve: Once you identify a consequence crime, flag the need to consider factual and legal causation.

Mistake: Adding mens rea to an actus reus-only question

Why this is incorrect: Mens rea is a separate element. OCR may expressly restrict a question to actus reus.

How to improve: Underline the issue named in the question and answer only that issue unless another element is needed to answer it.

Mistake: Giving one conclusion for several separate incidents

Why this is incorrect: Different facts may produce different conclusions about the actus reus.

How to improve: Use a separate mini-analysis for each victim, incident or alleged offence.

Exam-Style Questions ✍️

Question 1

Define actus reus. [1 mark]

Question 2

State one difference between a conduct crime and a consequence crime. [2 marks]

Question 3

Explain why causation may be important when establishing the actus reus of a consequence crime. [3 marks]

Question 4

Explain the distinction between conduct crimes and consequence crimes. [4 marks]

Question 5

A criminal offence requires a defendant to enter a restricted part of a building as a trespasser. No separate harmful result needs to occur before the external requirements of the offence can be satisfied.

Explain whether this illustrates a conduct crime or a consequence crime. [4 marks]

Question 6

Dan deliberately performs an act. Several minutes later, Eva dies.

Explain what would need to be considered when identifying the actus reus if the alleged offence requires Eva's death as a consequence. You do not need to discuss mens rea. [5 marks]

Question 7

Farah enters a shop that is open to customers. She then walks through a door marked "Staff Only" and enters the storeroom without permission.

Identify the external elements that may be relevant when considering the actus reus of burglary. Do not discuss mens rea. [6 marks]

Question 8

Gareth pushes Holly down a flight of stairs. Holly suffers serious injuries. While she is receiving treatment, a separate event occurs and Holly later dies.

Explain how the distinction between conduct and consequence crimes helps to structure an analysis of the actus reus of an offence requiring Holly's death. [8 marks]

Answers and Mark Scheme

Question 1

Award 1 mark for identifying actus reus as the external element or external elements of a criminal offence.

Maximum: 1 mark

Question 2

Award up to 2 marks for explaining that:

• a conduct crime centres on prohibited conduct

• a consequence crime requires a particular prohibited result as part of its actus reus

Maximum: 2 marks

Question 3

Indicative content:

• a consequence crime requires a particular result

• it is not enough merely to establish that the result occurred

• the prosecution may need to establish the required link between the defendant's conduct and the consequence

Maximum: 3 marks

Question 4

Indicative content:

• actus reus concerns the external elements of an offence

• in a conduct crime, the focus is on whether the prohibited conduct and relevant circumstances occurred

• a separate prohibited consequence is not required merely to complete that conduct element

• a consequence crime requires a specified result

• causation therefore becomes important in connecting the defendant with that result

Maximum: 4 marks

Question 5

Indicative application:

• this illustrates a conduct crime

• the focus is on the defendant's external conduct

• relevant matters include entry into the restricted part of the building

• the circumstance of trespass is also relevant

• no further harmful consequence is required by the facts given

Maximum: 4 marks

Question 6

Indicative content:

• identify the death as the required consequence

• establish that Eva has died

• identify the defendant's relevant conduct

• consider whether the conduct caused the death

• this will require the relevant causation principles

• mens rea should not be discussed because the question excludes it

Maximum: 5 marks

Question 7

Indicative application:

• Farah enters the shop

• the shop is a building

• the storeroom may constitute part of a building

• customers have permission to enter the public area

• the "Staff Only" sign indicates that permission does not extend to the storeroom

• Farah's entry into that area may therefore constitute entry as a trespasser

No credit is required for discussion of mens rea because the question asks only for the external elements.

Maximum: 6 marks

Question 8

Indicative content:

• distinguish the defendant's conduct, pushing Holly, from the required consequence, Holly's death

• because the offence requires death, it contains a consequence element

• Holly's death must therefore be established

• the defendant's conduct must be connected to that consequence

• causation must be analysed rather than assuming that the earlier push automatically establishes responsibility for the later death

• the later event may become relevant when analysing whether the required causal connection remains

• factual and legal causation would need to be considered

• possible interruption of the chain of causation may also need to be considered

• the detailed rules governing these issues are dealt with separately in later OCR content

For the highest marks, the answer should clearly distinguish conduct, consequence and causation, apply each idea to the facts and avoid unnecessary discussion of mens rea.

Maximum: 8 marks