- Will be sent to the Forensic Psychiatric Hospital in Port Coquitlam, where his case will be considered by the B.C. Review Board within 90 days.
- He was convicted of three counts of murder but was held not criminally responsible for his actions.
- Crown said it was an act of retribution against his wife.
- The BC Review Board will review Schoenborn's case every 12 months.
- The board must balance the rights of Schoenborn with a determination of whether he poses a further risk to the public.
- Theoretically, could be free in 3 months but Defence said it's unlikely he will be released in May or anytime afterwards.
- He killed his 3 children because he believed they were being molested.
- A Judge said he was suffering from a disease of the mind when he killed his children, that was a delusional disorder with some symptoms of schizophrenia
- Schoenborn will spend 90 days in a secure psychiatric unit while a BC Review Board composed of experts including psychiatrists, discusses his case.
- "My guess is that they'll start to treat him with some anti-psychotic medications and they will just supervise him and it will be up to the review board to decide if he's ever released, and if he is, when that will happen and under what terms," said Schoenborn's lawyer, Peter Wilson
- After the 90-day evaluation, the board will decide if Schoenborn will be freed with or without supervision, or detained in custody at a hospital, said Neil MacKenzie, a spokesman at the B.C. Ministry of the Attorney General.
- "Obviously, in making that decision, what the review board has to take into account is what steps are necessary to protect the public safety from an individual who's been found to have a mental disorder, but also balancing that with the requirement that they protect the rights of mentally disordered individuals," said MacKenzie.
- But one criminal defence lawyer, who is currently working on a first-degree murder case, said that people with mental disorders who have committed serious crimes are rarely released after a three-month review — if ever.
- "There's a perception that people who are found not criminally responsible aren't punished, or are somehow released back into the community, but it's practically quite the opposite," said Toronto lawyer Sean Robichaud.
- Unlike murder convictions, which come with set parole eligibility dates, there are no such provisions for those deemed not criminally responsible, he said.
- "So if the person simply is never found to be safe to be released back into society, then they will spend the rest of their lives in custody."
- Wilson agreed the possibility that Schoenborn could be released after the three-month evaluation is slim.
- "Clearly any reasonable or rational person would know that it was wrong and would know that other reasonable people would believe it was wrong. However, due to Mr. Schoenborn's psychosis at the time, he was not able to make that decision," said the Judge
- The Crown told the court that Schoenborn killed his children to get revenge on his partner, who had told him she didn't want to continue their common-law relationship.
- Could be granted an absolute discharge if it's determined he doesnt pose a threat to the public, said the BC Review Board.
- They will go over the psychiatric reports discussed at trial before making their decision in 90 days.
- "It can detain Mr. Schoenborn at the forensic psychiatrist hospital presumably for a year until another hearing is held or it could release him into the community under various forms of psychiatric monitoring and supervision."
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I believe what the Toronto lawyer said in that the public has this perception that people found NCR aren't punished or are released into the community, but that is most often not the case. They are actually less likely to ever be released because they are not eligible for parole, like they would be if in prison, and can only be released if it is deemed that they are not a risk to the public safety. I think that the argument of the defence, clearly demonstrates this man's delusional and psychotic symptoms and the Judge was correct in ruling him not criminally responsible, as he cannot be blamed for something that he doesnt remember and for something caused by a mental disorder.
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