Rejection of high-risk label for Allan Schoenborn won't be appealed by Crown
Allan Schoenborn is shown in an undated RCMP handout photo. (THE CANADIAN PRESS/HO BC RCMP)
The Canadian Press
Published Thursday, September 14, 2017 1:27PM PDT
VICTORIA - British Columbia's Crown prosecutors' office says it will not file an appeal of a judge's decision rejecting a high-risk designation for a man who killed his three children.
Allan Schoenborn was convicted of the first-degree murders of his daughter and two sons in February 2010, but a judge ruled he was not criminally responsible on account of a mental disorder.
A review board ruled in 2015 that Schoenborn should have escorted access outside of the Forensic Psychiatric Hospital where he's being held in Port Coquitlam, and the prosecution service announced it had applied to have him designated a high-risk accused.
A B.C. Supreme Court judge decided last month that Schoenborn didn't fit the criteria for the high-risk label, and while the killings were brutal, they were committed because of the man's delusional state.
The prosecutors' office now says in a news release that after a thorough review it has determined there is no legal basis for an appeal.
The office says Schoenborn hasn't yet been permitted to go on escorted outings, his detention will continue to be reviewed, and the Crown will appear at the review hearings to advocate for the public interest.