ruveyn wrote:
In order to secure a conviction for a criminal act, mens rea (intent to do evil) has to be established. If the explosion was an accident, at worst the kid (or her parents) might be sued to recover damages to school property. I do not see a criminal act here.
ruveyn
You misapprehend the nature of
mens rea. It is the intention to perform the act, which also includes the natural consequences flowing from that act.
Mens rea does not require the intention to do harm. The offence of ciriminal negligence is sufficient to disprove by counterexample.
In Canadian law, there are offences for which a "specific intent" must be demonstrated, as opposed to the lesser, "general intent." The best know example is murder, in which the accused must have intended to kill the victim, or to cause harm to the victim and to have been reckless as to whether or not death ensued. Anything short of this reduces murder to manslaughter, which is a general intent offence and requires no malice for conviction.
She intended to conduct the experiment, and she knew or ought to have known that the experiment was not authorized. These facts alone are sufficient to establish any general intent offence that would be made out by her
actus reusp.
_________________
--James