The province is not going to appeal the BC Review Board decision allowing child killer Allan Schoenborn escorted trips out into the community.
He killed his three children in Merritt in 2008.
Schoenborn has been held in a psychiatric hospital since being found not criminally responsible because of a mental disorder.
The Criminal Justice Branch says in a statement its staff has gone over the review board’s decision and determined there is no likelihood an appeal would succeed.
Family of slain children speaks out
An online statement from the mother of Schoenborn’s children, Darcie Clarke, says her dread from him getting day passes has now turned to anguish.
“Over the last four years my family and I have worked hard to correct the imbalance in the Not Criminal Responsible (NCR) system. We thought the B.C. Government was our partner in this fight. Today’s decision shows they are willing to pay victims lip service but not back it up with their administrative nor legal power.”
She says she will now live in constant fear that he will move ahead with his threats against her.
She adds she is pleading with the premier and Anton to change their minds.
Criminal Justice Branch may seek “high-risk accused” designation before next Review Board hearing
A section of the written decision titled “Next Steps in the Schoenborn Case” states that the Branch is still deciding on whether to apply to have Schoenborn designated a dangerous offender.
“On an entirely separate issue, the Branch is in the process of deciding whether to exercise the Crown’s discretion before the next Review Board hearing to initiate an application in the British Columbia Supreme Court to have Schoenborn designated a “high-risk accused” under section 672.64(1) of the Criminal Code.”
In that case, the court must be satisfied that:
- there is a substantial likelihood that the NCR accused will use violence that could endanger the life or safety of another person; or,
- the offence(s) committed by the NCR accused were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person: s. 672.64(1), Criminal Code.
The report goes on to state:
“For a variety of practical and procedural reasons, the Branch determined it was appropriate to let the most recent Review Board hearing run its course before going on to assess whether it was necessary, and appropriate, to seek a “high-risk accused” designation in relation to Schoenborn.”
Schoenborn’s next review takes place within the next 12 months.