Andrew Berry arrives in a BC Sheriffs transport vehicle at the Victoria Courthouse for his sentencing hearing which is set to begin at 10 a.m. (Nicole Crescenzi/News Staff)

Andrew Berry arrives in a BC Sheriffs transport vehicle at the Victoria Courthouse for his sentencing hearing which is set to begin at 10 a.m. (Nicole Crescenzi/News Staff)

VIDEO: Oak Bay father who killed daughters eligible for parole after 22 years

Andrew Berry get life sentence for the murders of Aubrey, 4, and Chloe, 6, on Christmas Day 2017

Andrew Berry will serve 22 years before he is eligible for parole, but will get credit towards his parole eligibility for each day he’s been remanded in custody – nearly two years. Berry was sentenced to life in prison for the murders of his two children, Aubrey and Chloe Berry, who were found stabbed to death in their own beds, in their own home on Christmas Day in 2017.

Outside the courthouse after sentencing, Oak Bay Deputy Police Chief Ray Bernoties said he feels nothing positive about the outcome.

“Nothing changed from two years ago on Christmas,” he said, fighting back tears. “Two innocent girls were taken from our community. And we’ll move on together.”

Chloe was six and Aubrey was four when they were killed. They loved to paint and their favourite colours were pink and purple. Chloe was missing some of her baby teeth and you could see gaps when she smiled. Aubrey would throw her head back when she laughed and wanted to travel the world.

Only whispers were heard Thursday morning when Berry entered the courtroom. He glanced briefly at the rows of people before his handcuffs were removed.

Berry was sentenced to life in prison for their deaths. His sentences will be served concurrently and he will be eligible for parole in 22 years.

RELATED: Oak Bay father appeals conviction for killing daughters

Supreme Court Justice Miriam Gropper laid out her decision for the courtroom after a three-day sentencing hearing, discussing Berry’s motive and facts of the case. She noted Berry was not suffering from any mental or physical disabilities at the time of the murders.

Oak Bay Deputy Police Chief Ray Bernoties spoke outside the Victoria courthouse after Andrew Berry was sentenced to 22 years without parole for murdering his daughters, Chloe and Aubrey Berry. Bernoties said there was no closure from the sentencing. “I can honestly tell you I feel nothing positive from today,” he said. “Nothing changed from two years ago on Christmas.” (Nina Grossman/News Staff)

She determined Berry harboured resentment and anger towards the girls’ mother, Sarah Cotton, since the couple separated in 2015. Berry testified he thought Cotton had taken intentional steps to “screw him over,” and that he wanted Cotton to blame herself.

Earlier this week, lawyers took turns addressing Gropper with suggested parole eligibility. Defence attorney Kevin McCullough asked for 15 to 20 years and made no mention of consecutive or concurrent sentencing.

Crown lawyer Patrick Weir asked for a sentence of 21 to 24 years for each count, served concurrently or at the same time.

On Monday, Gropper determined the facts of the case which she would base Berry’s sentence on. Crown counsel Clare Jennings called Berry’s alternate tale of owing money to a loan shark “completely fabricated” and “self-serving.”

Gropper agreed with Crown, stating that it “defies logic” that the loan shark would kill the children and leave Berry alive.

Evidence shown at trial determined the girls were killed where they were sleeping, in their own home, which Gropper said would be considered an aggravating factor. There was blood inside the suite, but no blood was found anywhere outside the suite.

Chloe was struck in the head with a pink toy bat, hard enough to fracture her skull and render her unconscious before she was stabbed 26 times. Aubrey was stabbed 32 times. Both of them had stab wounds to the front and back of their body. Berry was found naked, in a bathtub full of water with wounds to his neck, which the judge found to be self-inflicted.

It is unclear which girl was killed first.

Gropper stated that in both murders, Berry would have had to turn their bodies over at least twice and that he would have had to walk between their rooms. This shows it was not a spontaneous decision and that he would have seen the effects of his stabbing on the first child, before moving on to the next. It’s not known if he went back and forth between the girls, or at all.

A knife, similar to a set found in Berry’s kitchen, was found on the floor next to Aubrey’s body. A sheath for the same knife was found on the kitchen floor. Neither girl had defensive wounds.

On Tuesday, 13 victim impact statements and three community impact statements were read aloud in court.

A drawing, done by a four-year-old boy who was close friends with Aubrey and Chloe, that was shown in court. It depecits a house on the right, where the little boy is alone in his room crying. On the left, he’s drawn Chloe and Aubrey in the sky, in a rainbow house. A line separates the two homes, with a small gap where two birds have flown through. (Provided by Crown Counsel)

Cotton issued a statement after the sentencing decision on Thursday.

“I believe the family law system and the Ministry of Children and Family Development (MCFD) failed us leading up to the girls’ deaths,” Cotton said in the statement. “I did everything in my power to keep my children safe. However, my concerns made to MCFD about my children’s wellbeing in their father’s care and Andrew’s mental health fell on deaf ears. Then my concerns that he had a personality disorder were not brought forward in any significant way through the family court process. I can only hope that changes will be made throughout the family law system so that tragedies such as ours do not happen again.”

Berry was at the end of his rope financially. He had gambled away his pension from a 15-year career at BC Ferries. His hydro had been cut off and he didn’t have money for food.

“Berry believed, for good reason, that he wouldn’t get the girls back when he handed them over to Sarah on Christmas Day,” said the judge.

RELATED: Story told by Oak Bay dad who killed daughters ‘defies logic,’ says judge at start of sentencing

Weir said Crown lawyers believe the sentence is appropriate, but recognize no outcome is enough.

“Of course he’s serving a life sentence so there is no guarantee he will ever get parole,” Weir said. “Even though it’s a long period of time, the fact is that it will do some good, but it will not, of course, remove the trauma that has been placed on this community by Mr. Berry’s actions, which will last far longer than the 22 years.”

In her statement, Cotton noted she is relieved this part of the judicial process is over and supported the judge’s decision, although she said there is no length of sentence appropriate for these crimes.

She thanked Crown prosecutors and the Vancouver Island Integrated Major Crime Unit for their work.

“I want to thank my community of Oak Bay, especially all the first responders for their strength, bravery, courage and sensitivity throughout this horrific tragedy. This community, including my neighbours in Oak Bay, have held me up and embraced me the last two years – I have felt so protected … I hope to find a little bit of peace in the coming year and hope that we can all heal as we move forward.”

Crown prosecutors Patrick Weir and Clare Jennings spoke to media outside the Victoria courthouse after Andrew Berry, who murdered his two young daughters, was sentenced to 22 years without parole. “I’m not sure if satisfied is the right word,” said Weir, who asked the judge for 21-24 years without parole. “Relieved that it’s finished. and pleased that the community can perhaps start to get some closure and some peace.” (Kendra Crighton/News Staff)

READ MORE: About this case


Like us on Facebook and follow us on Twitter

andrew berryOak Bay double homicide

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An Extinction Rebellion Vancouver Island (XRVI) climate change event in 2019 saw a large crowd occupy the Johnson Street bridge. Black Press File Photo
Extinction Rebellion activists march from Vancouver to Victoria this weekend

The four-day trek ends at the B.C. legislature Monday, protest province’s environmental policy

A rider crosses a “skinny” on the newly opened trail known as 90s Jank, built within the Hartland system by volunteers with the South Island Mountain Bike Society. (Youtube/MTB Matt)
Mountain bikers celebrate first new trail in years on Saanich’s Mount Work

90s Jank trail a product of licence agreement between CRD and mountain bike society

The hiring of out-of-province workers by the Canadian Red Cross to staff the vaccination centre in Langford has raised eyebrows. (Black Press Media file photo)
Red Cross hires out-of-province workers to staff Langford vaccination centre

Staffer worries local jobs weren’t offered to local people

A weekend of sunny skies may have Victoria breaking temperature records, according to an Environment Canada meteorologist. (Jane Skrypnek/News Staff)
Temperature records eyed for Victoria with sunny weekend forcast

Victoria hit the highest April 14 temperature since 1926 on Wednesday

Fire crews respond to the 3500-block of Blanshard Street in Saanich on April 16. (Devon Bidal/News Staff)
UPDATED: BC Hydro crews repairing failed electrical equipment in Saanich

Vernon Avenue reopen to traffic following closure

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: Lookout Lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

For Leela Harrop, the recent death of her brother Raju Tiwari pushed her to sign up for the vaccine. Photo supplied
Island woman on fence about vaccine prompted by brother’s death

Leela Harrop of Comox says she did have issues with signing up online this past week

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Photo by Metro Creative Connection
New campgrounds coming to B.C. parks as part of $83M provincial boost

This season alone, 185 campsites are being added to provincial parks, says Minister of Environment and Climate Change

Most Read