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Allan Dwayne Schoenborn is shown in an undated RCMP handout photo.HO-BC RCMP/The Canadian Press

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.

A former husband and wife from B.C., Brandon and Gail Blackmore, have been sentenced to 12 months and seven months in jail respectively, for taking a 13-year-old girl to the U.S. to marry the leader of their polygamous sect.

The Canadian Press

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