Ontario Review Board
Re: Samnang Kong
ORB File No: 8221
Hearing held on: Friday, May 16, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. R. Chandrasena Dr. S. Wiseman Mr. E. Siebenmorgen Ms. M. McKinnon
Parties Appearing:
Accused: Samnang Kong Counsel: Ms. N. Circelli
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated June 4, 2025)
Introduction
Samnang Kong, age 44, was on December 22, 2022, found not criminally responsible by reason of mental disorder on a charge of second-degree murder contrary to the Criminal Code.
On May 16, 2025, Mr. Kong appeared before the Ontario Review Board (the "Board") from the Southwest Centre for Forensic Mental Health Care (the "hospital") for his annual hearing. Mr. Kong is on a detention order with privileges up to entering Southern Ontario accompanied by staff or an approved person or delegate, and to attend and participate in a drug alcohol treatment program. Exhibit 1 was a Hospital Report dated February 24, 2025.
In preliminary positions, all parties advanced that significant threat was still present and that the current Disposition Order continues to be applicable. By the conclusion of the hearing, the Board agreed with the joint submission.
Index Offence
- The circumstances of the index offence are taken from last year's Reasons for Disposition as follows:
"At the time of the index offence, Mr. Kong was sharing his two-bedroom apartment with the victim. Mr. Kong referred to the victim as his godfather and looked up to him. There was no animosity between the men.
On May 14, 2019, Mr. Kong used two knives to stab the victim 17 times in the chest and shoulders. The victim also had wounds to his face, scalp, forearm and two fingers.
Mr. Kong left his apartment, covered in blood, and walked barefoot to the nearby apartment of his mother and brother. He took a shower, discarded his clothes, and put on a fresh set of clothes. His mother and brother called the police who arrived and arrested Mr. Kong without incident.
Mr. Kong later described stabbing a man, who he did not believe was his godfather, because he believed the man was raping a woman who was the "live spirit of God." Mr. Kong believed the spiritual world was grateful to him for doing a good thing that day."
Diagnoses
- Schizophrenia
- Substance Use Disorder, in remission in a controlled environment
Background
- As stated in last year's Reasons:
"Mr. Kong is 43(44) years old and of Cambodian descent. He was born in a refugee camp in Thailand. The family moved to Canada when he was five years old. His parents later separated, and Mr. Kong has little contact with his father. He is the oldest brother of three. Vanna, the middle brother has also been diagnosed as suffering from Schizophrenia. Dara, the youngest brother is married with two children and works as a plumber in London.
Mr. Kong has a criminal record which includes 16 convictions between the ages of 15 and 21, almost all of which are property offences.
After a 15-year period absent any convictions, he was convicted of aggravated assault in 2017. He stabbed a man in the neck, believing he had tried to break into his girlfriend's apartment.
Mr. Kong has a lengthy history of psychiatric hospital admissions dating from 2002. He has repeatedly been diagnosed as suffering from Schizophrenia. Mr. Kong experiences auditory hallucinations, sometimes of a command nature, often accompanied by paranoia and religious preoccupation. On one occasion, Mr. Kong jumped off a third-floor balcony in response to command hallucinations and suffered a severe left ankle injury. Previously, Mr. Kong has been described as aggressive when unwell.
Mr. Kong's teenage years were difficult. He started using drugs, stopped going to school, and had numerous interactions with the police. He worked a couple of summers on a farm, picking berries and worked in a poultry processing plant. Mr. Kong began using cannabis at age 13 and after high school began using cocaine and crystal methamphetamine. He was using both cannabis and crystal methamphetamine consistently during the three years leading up to the index offence.
Prior to the commission of the index offence, Mr. Kong was treated with antipsychotic medications but was not consistently adherent. He was supported financially by ODSP. From 2011 until the index offence in 2019 he was variably compliant while subject to a Community Treatment Order, with his mother acting as his substitute decision maker. The hospital report describes periods during which Mr. Kong was seen daily by an ACT team to assist him with his antipsychotic medication adherence.
Up until the age of twenty-six Mr. Kong lived with his mother and middle brother Vanna. Thereafter, he lived in a group home for some time. When the index offence occurred, Mr. Kong was living 100 metres from where his mother and brother Vanna resided."
Evidence at Hearing
Dr. A. Malka, the patient's psychiatrist, testified. Dr. Malka noted that Mr. Kong's mental state fluctuated. Mr. Kong struggles with physical health issues that impact upon his mental health. Mr. Kong continues to be quite symptomatic. He continues to decline to participate in cognitive testing.
Mr. Kong acknowledges he has schizophrenia, but he is not clear as to what that means, his symptoms or the circumstances surrounding the index offences.
His MOCA test was 16 out of 30. Memory is the issue.
The treatment plan involves titrating clozapine doses up slowly. This cautious path is taken because of previous side effects on clozapine such as dizziness and falls. Mr. Kong is now eating better which may assist in the clozapine titration.
Mr. Kong shows negative symptoms. He is isolative and not engaged in activities or therapeutic group activities. It is too early for him to be involved in those activities.
Medication needs to be supervised. There is some history of low levels of lithium, and an open lithium capsule was found in his room.
A particular challenge is that Mr. Kong does not want to lose his hallucinations and therefore struggles with taking his medications That may improve once his medication is optimized.
There is no clear evidence of PTSD, but that will continue to be a consideration. Mr. Kong was born in a refugee camp and was relocated to Canada at a young age.
Mr. Kong is waiting on a tax refund to help him purchase dentures.
Substances exacerbate his symptoms and increase the risk of violence. Substances were a factor at the time of the index offence.
At this stage, Mr. Kong benefits from structure. Mr. Kong is a high risk of future violence as summarized in the Hospital Report at pages 44 to 45.
Mr. Kong's mother and brother have called him.
Mr. Kong displays empathy, is polite with staff, and has demonstrated no aggression or violence while in hospital.
In essence, Mr. Kong is still too unwell to accept substance abuse treatment. Cannabis and crystal meth were his substances of choice. There have been no positive drug screens in hospital.
He has indicated that he would like to stop his medications.
There is no approved person at present but there are possibilities. The patient's mother would be uncomfortable taking him into the community at present.
Antisocial personality disorder rule out has been dropped from the diagnosis from last year. There are no current signs of same. Mr. Kong's refusal to submit to testing makes it impractical to render an opinion on PTSD.
Analysis
- This was a joint submission. Mr. Kong continues to be symptomatic. His medication continues to be adjusted. He is not well enough to participate in therapy. He requires therapy for substance use. His delusions are still prominent. At present he does not want to be rid of his hallucinations. There is much work to be done. The current Disposition ismainatined. The joint submission makes eminent sense. Independently, the Board concluded that significant threat to the safety of the public was made out.
DATED this 4th day of June 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board