Reasons for Sentence

Court File No.: CR-23-40000454-0000
Date: 2025-05-28
Ontario Superior Court of Justice
Between:
His Majesty the King
and
Spiro Tsakopoulos

Appearances:
Rochelle Liberman and Leanna Guzzo, for the Crown
Kristen Dulysh, for Mr. Tsakopoulos

Heard: November 18, 2024, and April 17, 2025
Released: May 28, 2025
Judge: M. Forestell

Circumstances of the Offence

[1] Mr. Tsakopoulos entered a guilty plea on November 18, 2024, to the offence of manslaughter. The circumstances of the offence are set out in an Agreed Statement of Facts.

[2] On February 17, 2022, Mr. Tsakopoulos shot and killed Bryson Murle. The victim, Mr. Murle, was someone known to Mr. Tsakopoulos. Mr. Murle attended at the residence of Mr. Tsakopoulos on the day that he was killed. He and Mr. Tsakopoulos went into the basement area of the home together. About 45 minutes later, Mr. Tsakopoulos called 911 and advised that he had been in a scuffle with his friend who had a knife and that his friend had been shot.

[3] Police and paramedics attended. Mr. Murle was pronounced deceased at the scene. He had multiple gunshot wounds to his chest. There was a knife beside his body. Mr. Tsakopoulos was observed to have red marks on his face and shoulder area.

[4] Mr. Tsakopoulos admits that he killed Mr. Murle by shooting him seven times in the chest with a rifle. He admits that the force he used was more than what was required for self-defence. The Crown position on the plea is that the Crown would be unable to prove that the force used by Mr. Murle against Mr. Tsakopoulos would not have deprived an ordinary person of the power of self-control. In other words, the Crown could not disprove provocation. The partial defence of provocation reduces what would otherwise be murder to the offence of manslaughter.

[5] At the time of his death, Mr. Murle had a recreational amount of Fentanyl in his system. Mr. Tsakopoulos, at the time of the offence, consumed Fentanyl on a daily basis and was also taking prescribed methadone.

Victim Impact

[6] The victim, Bryson Murle, was only 33 years old when he was killed. He was a son, a brother and a father. He is described in the Victim Impact Statements as a loving, caring and generous person.

[7] The violent death of Bryson Murle at the hands of Mr. Tsakopoulos has had a profound impact on the family and friends of Mr. Murle. They have lost his support, companionship, and love. I have taken into consideration the impact on the family and friends of Mr. Murle in reaching a decision on sentencing while recognizing that no sentence I impose will compensate them for their loss.

Circumstances of the Offender

[8] I have carefully considered the circumstances and background of Mr. Tsakopoulos.

[9] Mr. Tsakopoulos is now 47 years old. He was 44 years old at the time of the offence.

[10] Mr. Tsakopoulos has a criminal record dating from 1996 to 2012. He has convictions for trafficking in narcotics, possession of narcotics for the purpose of trafficking, possession of an unregistered restricted weapon, and possession of a firearm or ammunition in breach of a prohibition order. His last sentence in 2012 was two years’ imprisonment for possession of a narcotic for the purpose of trafficking and possession.

[11] Mr. Tsakopoulos has lived most of his life in his family home with his parents and brother. His late father was a plumber. Mr. Tsakopoulos also became a licensed plumber and carried on a business as a plumber until 2021 when he gave up the work because of health problems.

[12] Mr. Tsakopoulos has been a drug user since age 15. His drug abuse has resulted in several medical issues: Chronic Obstructive Pulmonary Disease, heart failure and edema.

[13] Mr. Tsakopoulos was married for 10 years. His wife died in 2019 of an opiate overdose. He has no children.

[14] Several family members and neighbours have provided letters of support for Mr. Tsakopoulos. He appears to continue to have family and community support.

[15] Mr. Tsakopoulos has been in custody since his arrest on February 17, 2022. He has spent 1,196 days or just under 39.5 months in custody at the Toronto South Detention Center.

[16] During his time in custody, he was subject to frequent lockdowns. The lockdown records filed on sentencing show that he was subject to lockdowns for about one-third of his time in custody. During lockdowns, access to telephones, yard time and showers is seriously restricted.

[17] In addition to the general hardship of lockdowns, Mr. Tsakopoulos’s medical conditions have made his time in presentence custody more onerous.

Positions of the Parties

[18] The position of the Crown is that the appropriate range of sentence is 12 to 15 years’ imprisonment before credit for presentence custody. The Crown acknowledges that there should be some mitigation for the harsh conditions of presentence custody and the fact that Mr. Tsakopoulos’s health conditions will continue to make his time in custody more onerous.

[19] Mr. Tsakopoulos submits that a sentence of six years’ imprisonment is appropriate before credit for presentence custody.

Law and Analysis

[20] In determining the sentence in this case, I have considered the principles and objectives of sentencing. The fundamental principle of sentencing set out in s. 718.1 of the Code is that the sentence should be proportionate to the gravity of the offence and the degree of responsibility of the offender.

[21] Denunciation and deterrence are generally the predominant sentencing objectives in sentencing for manslaughter. The killing of another person by the commission of an unlawful act must be strongly denounced.

[22] However, rehabilitation remains a relevant consideration. As Chief Justice Wagner wrote in R. v. Bissonette, 2022 SCC 23, “The objective of rehabilitation is intimately linked to human dignity in that it reflects the conviction that all individuals carry within themselves the capacity to reform and re‑enter society.”

[23] In arriving at an appropriate sentence, I must consider the aggravating and mitigating factors. There were aggravating facts in this case: Mr. Tsakopoulos possessed and used a firearm; he shot the victim seven times; he has a criminal record; and, the impact of the offence on the family of the victim has been profound.

[24] There are also mitigating factors: Mr. Tsakopoulos entered a guilty plea; he has serious health issues; he has family and community support; and, he has experienced exceptionally harsh conditions in presentence custody.

[25] The range of sentences imposed in manslaughter cases is very broad because manslaughter can be committed in a broad range of circumstances. R. v. Creighton, para 86. The circumstances can range from near-accident to near-murder.

[26] If a firearm is used in the commission of the offence of manslaughter the mandatory minimum sentence is four years’ imprisonment.

[27] Schreck J., in R. v. Smith, 2022 ONSC 3800, para 26, described three broad ranges of sentence for manslaughter: a low range of 6 to 8 years, in circumstances where, for example, the accused was unaware of a firearm or where the offender was a youthful first offender; a mid-range of 8 to 12 years, where there are significant aggravating factors such as the use of a firearm, a vulnerable victim or brutal violence; and a higher range of 12 to 15 years in cases where several serious aggravating factors are present such as a serious record of violence and planned violence.

[28] In this case, I find that the aggravating factors of the use of a firearm, the number of shots and the criminal record of the offender bring the case into the mid-range of 8 to 12 years. This was a brutal killing with a firearm. I have carefully considered the mitigating factors; in particular, the harsh conditions of presentence custody and the medical issues of Mr. Tsakopoulos. The medical issues are relevant because they serve to make the sentence more onerous on Mr. Tsakopoulos than the same sentence would be on an offender who did not have these issues.

[29] Balancing these factors and the sentencing objectives, I have concluded that the sentence should be 10 years’ imprisonment before credit for presentence custody.

Conclusion

[30] For these reasons, I sentence Mr. Tsakopoulos to a period of imprisonment of 10 years before credit for actual days spent in custody: 1,196 days, credited at 1.5 to 1 for a total credit of 1,794 days.

[31] After credit, the remaining sentence to be served is 1,859 days or 61 months and 2 days.

[32] There will be a s. 109 order prohibiting Mr. Tsakopoulos from possession of any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

[33] Manslaughter is a "primary designated offence" in s. 487.04, the section of the Criminal Code, RSC 1985, c C-46 dealing with forensic DNA analysis and the securing of DNA samples. As such, s. 487.051(1) of the Criminal Code makes such an order mandatory. Therefore, I order that Mr. Tsakopoulos provide such samples of his bodily substances as are reasonably necessary for the purpose of forensic DNA analysis.

[34] The Crown also applies for a forfeiture order for the drugs, gun and ammunition seized. This order is unopposed. I have made that order.

M. Forestell J.

Released: May 28, 2025

[1] 2022 SCC 23

[2] R. v. Creighton , [1993] S.C.J. No. 91 (S.C.C.), at para. 86

[3] 2022 ONSC 3800 , at para. 26

[4] Criminal Code , R.S.C., 1985, c. C-46