Ontario Review Board
Re: Phuoc Vo
ORB File No. 8214
Hearing Date: March 27, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. B. Sheppard Dr. G. Stones Ms. M. McKinnon Mr. K. McKenna
Parties Appearing:
Accused: Phuoc Vo Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. C. Gzik
AMENDED REASONS FOR DISPOSITION
(Dated April 17, 2025)
On page 1 under Parties Appearing– Counsel for the Attorney-General has been corrected to read “Ms. C. Gzik”.
Introduction
Mr. Vo was found not criminally responsible (NCR) on January 13, 2023, for the criminal code offences of two counts of second-degree murder.
He is currently subject to a detention order under a Disposition dated February 20, 2024, with privileges that extend to entering the community of Southern Ontario accompanied by staff or a person approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 27, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing, the Hospital recommended a continuation of the current Disposition with two additional privileges; Mr. Vo be permitted to enter the community of Hamilton indirectly supervised, and enter the community of Southern Ontario, indirectly supervised for vocational purposes only, as approved by the treatment team. Counsel for Mr. Vo supported the Hospital’s recommendation. Counsel for the Attorney-General supported a continuation of the current Disposition, but did not support indirectly supervised access to the community.
After considering the evidence, the panel found that a continuation of the current Disposition with the additional privileges recommended by the Hospital was necessary and appropriate. However, the additional privilege permitting Mr. Vo to enter Southern Ontario for vocational purposes only, will be restricted to a 50 km radius of St. Joseph’s.
Index Offences
- The following is a synopsis of the facts pertaining to the index offences which occurred on April 26, 2021.
[HCV] and his wife, [MK] resided at 1302-20 George Street, Hamilton, Ontario. Their son, the accused, Phuoc VO also resided with his parents at 1302-20 George Street, Hamilton, Ontario.
On Monday, April 26, 2021, at 12:37 pm, Hamilton Police received a 911 call indicating that an Asian male and a female were located in the hallway on the 13th floor of 20 George Street, Hamilton, Ontario. The female party was yelling for help as the male was stabbing her and stabbing himself.
Police arrived on the 13th floor and located the victim, [MK] and her son, Phuoc VO laying on the floor side by side. Both were covered in blood and in critical condition. Phuoc VO gestured to police that there was another victim inside of unit 1302. Police attended unit 1302 and located the second victim, [HCV] on the floor in the living room area with obvious stab wounds.
Witness, [MM] exited his unit and advised police that Phuoc VO was the male who was responsible for the stabbing. [MM] stated that Phuoc VO uttered, “I’m sorry” to the officers and uttered something similar to, “I did this to my mom and dad” or “my parents” and “let me die, leave me alone”.
At approximately 12:46pm, PC George #1358 arrested Phuoc VO for attempt murder x2. Phuoc VO uttered “kill me, shoot me”, “I fucking stabbed them”.
[HCV], [MK], and Phuoc VO were all transported to the Hamilton General Hospital for emergency surgery. Both [HCV] and his wife, [MK] succumbed to their injuries and were pronounced deceased at the hospital.
Phuoc VO underwent emergency surgery and is now in stable condition with serious injuries. He is currently intubated and sedated. Due to his current state, police have not been able to arrest Phuoc VO for the second-degree murder of both of his parents.
The entire incident involving [MK] and Phuoc VO was captured on surveillance cameras located in the hallway on the 13th floor.
Hospital Report dated January 31, 2025
The Hospital Report dated January 31, 2025 was prepared for this hearing, and contains a detailed review of Mr. Vo’s personal and mental health history.
Mr. Vo was suffering from a delusional disorder at the time of the index offence, and was experiencing persecutory beliefs and paranoia. He is also diagnosed with alcohol and cannabis use disorders, in remission in a controlled environment. At the time of the index offence, Mr. Vo believed that his smartphone had been hacked by people he had annoyed, and that the images of violence he saw on TikTok were omens of he and his parents being in imminent danger. He decided to kill himself and his parents to prevent them from suffering a violent death.
According to Mr. Vo’s sister, Ms. Kim Allen, his behaviour began to deteriorate in 2013. His relationship with a woman ended, and Mr. Vo returned to live at his parent’s home. He withdrew from friends and family, and began expressing paranoid beliefs that “people were following him and trying to harm him and his family”.
In 2015, Mr. Vo reported to the police that he and his family were receiving death threats. Police attended his home, and were advised by Mr. Vo’s parents that their son was becoming increasingly suspicious, keeping the house in darkness and covering the windows. The police found a folding knife in his possession and apprehended him under the Mental Health Act. He was assessed at Joseph Brant Hospital in Burlington, and diagnosed with Psychosis Not Otherwise Specified. He was discharged on November 10, 2015, and referred to the Phoenix Program (Early Intervention Service for Psychosis, Halton Healthcare).
Kim Allen reported that her brother has had a bad temper for years. Both Mr. Vo and his father struggled with alcoholism, and they would frequently engage in verbal arguments which would escalate to Mr. Vo becoming physically aggressive. Ms. Allen further indicated that both her parents were fearful of Mr. Vo.
In December 2019, Mr. Vo’s sister, Sarah, contacted the police to advise that Mr. Vo was threatening to kill the family and had become physically aggressive. The police arrived at the home and observed a flare gun fall from Mr. Vo’s pocket. Mr. Vo was arrested, but his parents refused to provide statements, and the charges did not proceed.
In February 2020, police were contacted by Mr. Vo’s father who stated that his son had a gun and was going to kill him. Mr. Vo was arrested, and after the charges were concluded in November 2020, he returned to live with his parents. He was convicted of uttering a threat and was sentenced to a period of probation.
Mr. Vo has a lengthy history of marijuana use and alcohol abuse in his adult years.
From 2008 to 2013 he was employed in food service distribution. Mr. Vo has not been employed since 2013.
A psychological assessment was conducted by Dr. Moulden on May 31, 2022. The test results revealed that Mr. Vo was experiencing persecutory beliefs and could be both sensitive and hostile. Dr. Moulden conducted an assessment specifically related to anger. She concluded that Mr. Vo felt severe hurt and social rejection which caused him to become resentful. He tended to ruminate on disappointments and failures from the past and place the blame on others. Dr. Moulden stated in the assessment that the anger issues predate the onset of his illness, and arose from interpersonal conflicts not related to his belief system.
Mr. Vo has completed the Cognitive Behavioural Therapy for Psychosis which was individual therapy. He initially declined the Cognitive Behavioural Therapy group sessions because he did not want anyone to know his illness or the index offence. Mr. Vo has recently registered for this course and is currently on a wait-list.
For a significant period of time after being admitted to St. Joseph’s Mr. Vo regularly expressed a belief that “people were looking for me”. He refused to go outside after dark, and preferred to leave his unit in the company of other patients. He stopped using his cell phone because he was receiving “taunting messages”. He felt a sense of panic after recreational activities from a belief that he was being watched.
On June 27, 2023, Mr. Vo punched a co-patient during an argument. He was charged with assault, found guilty, and was sentenced to probation.
There was a further incident in November 2023, where Mr. Vo and a co-patient were involved in a heated argument. Staff intervened before the situation escalated to physical violence. Mr. Vo was provoked by the co-patient, and displayed significant anger.
Mr. Vo has presented as calm, pleasant, and cooperative this past year. There have been no indications of overt delusions, and his thought process has been organized. He has expressed no thoughts of harming himself or others.
At the beginning of this year, he was experiencing low grade paranoia. He was hesitant to enter the community feeling it was unsafe. Mr. Vo had ongoing anxiety concerning “something bad about to happen”.
Mr. Vo is noted in the Hospital Report to experience intense guilt, remorse, and shame for the index offences.
He has been adherent to his medication, and has not used any substances. Early in the year the team added paliperidone, sertraline, and aripiprazole to his medications. He complained that the new medications reduced his sense of guilt and shame for the index offence, which he did not want, so the new medications were discontinued.
Mr. Vo began working in the Hospital’s café. He was more engaged in programming, and successfully attended community events with an accompanied group.
The Hospital Report indicates that Mr. Vo has improved his insight into his illness and the need for treatment, but has not been able to reconcile his behaviour at the time of the index offence with his illness. This leaves him vulnerable to anger, making poor decisions which would intensify his delusions, and then acting violently towards anyone in his delusional environment.
Mr. Vo has not had any contact with a family member since the index offence, and has no supports in the community.
Testimony Dr. Nagari
Dr. Nagari has been treating Mr. Vo since July 2023. He testified that Mr. Vo continues to experience underlying traces of paranoia which is typical for someone diagnosed with a delusional disorder.
In the last 8-10 months, Mr. Vo has been willing to enter the community accompanied by staff. He stated that Mr. Vo feels tremendous guilt and feels that he should be punished for the index offence. Mr. Vo has taken programs with a focus on developing good coping skills.
Dr. Nagari testified that Mr. Vo’s paranoia has diminished substantially.
Dr. Nagari stated that, in his opinion, Mr. Vo remains a significant threat to the safety of the public. His opinion is based on Mr. Vo’s major mental illness, and as evidenced by the assault on the co-patient, Mr. Vo’s inability to control a physical response to even slight provocation.
Dr. Nagari advised the Crown that Mr. Vo has not expressed an intention to harm either of his sisters. He further advised that a delusional disorder is not more difficult to treat than any other mental illness. Dr. Nagari testified that Mr. Vo is at his optimal level of medication.
Dr. Nagari acknowledged to counsel for Mr. Vo that an increase in passes to the community are progressive and have to be earned. There are checks in place, and the privileges could be held if difficulties arise.
In answer to questions from the panel, Dr. Nagari indicated that Mr. Vo accepts being estranged from his sisters. He stated that Mr. Vo’s paranoia is not specific to any one individual or group, so Mr. Vo is not likely to become paranoid and lash out at a stranger in the community.
Submissions
The Hospital submitted that Mr. Vo would like to pursue employment in the community and that privileges would be provided incrementally. Mr. Vo is not ready for community living, but with his positive response to treatment, the community passes suggested by the Hospital are reasonable.
The Crown submitted that the current Disposition should be imposed without the additional community privileges. She referred to the two incidents this past year involving the assault on a co-patient, and then the heated verbal argument which could have become violent if not for staff intervention. The Crown submitted that Mr. Vo was found not criminally responsible in January 2023, so he is still early in his treatment. She submitted that it is still unknown how Mr. Vo would react to various situations that could arise in the community.
Mr. Rai, in support of the Hospital’s recommendation, referred to Mr. Vo’s medication being optimized, his work at the Hospital café, and his engagement with various therapeutic programs being very positive. He suggested that the Hospital would be very prudent with the privileges they permit, and that there are sufficient checks and balances in place to prevent a risk to public safety.
Analysis
After considering the evidence, the panel concludes that Mr. Vo remains a significant threat to the safety of the public, and that a detention order is necessary and appropriate.
Three issues specifically are of concern. Mr. Vo has a history of substance abuse, which has not been an issue since his hospitalization. He has a history of almost uncontrollable anger which, according to Dr. Moulden and her psychological assessment, predate the onset of his mental illness, and is related to interpersonal conflict. The third concern is his delusional disorder.
Mr. Vo has progressed in the hospital. His delusions are much less intense, but as Dr. Nagari testified, he still has underlying traces of paranoia that is typical for someone with a delusional disorder.
Mr. Vo was found NCR two years ago, which is not a lengthy period of treatment. While he has done well with the restrictions and supervision of the hospital, he has yet to exercise indirectly supervised passes into the community. According to the evidence, as of 8 months ago Mr. Vo was fearful to leave the hospital under the delusional belief that there were people in the community waiting to cause him harm.
In order to mitigate the risk to public safety, the Hospital must approach community access with caution. The panel has concluded that Mr. Vo is entitled to indirectly supervised community passes as suggested by the Hospital, with the 50 km radius for entry into Southern Ontario for vocational purposes approved by the treatment team.
It would be prudent for the Hospital to notify Mr. Vo’s family when Mr. Vo is in the community indirectly supervised.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 17th day of April 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
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Office of the Registrar
Ontario Review Board