Sisters four-year-old Aubrey Berry and six-year-old Chloe Berry were murdered by their father Andrew Berry in his Oak Bay apartment on Christmas Day. (Submitted photo)

Sisters four-year-old Aubrey Berry and six-year-old Chloe Berry were murdered by their father Andrew Berry in his Oak Bay apartment on Christmas Day. (Submitted photo)

Oak Bay father’s parole eligibilty must reflect ‘extremely vicious’ nature of daughters’ murders; Crown

Andrew Berry faces life sentence; justice to return Thursday with verdict on parole eligibilty

Warning: This story contains disturbing content about a double murder

Nearly two years after four-year-old Aubrey Berry and six-year-old Chloe Berry were found murdered in their father’s Oak Bay apartment, family, friends, first responders and community members had the chance to address the man who killed them.

In September, Andrew Berry, 45, was convicted in the violent stabbing deaths of his young daughters, discovered in their beds on Christmas night, 2017.

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

One after another, victim impact statements were delivered to the court room, which included a solemn and stoic Andrew Berry in the prisoner’s box.

Berry faces an automatic life sentence. In the afternoon, lawyers took turns addressing Justice Miriam Gropper with suggested parole eligibility.

Defense attorney, Kevin McCullough made only a brief address to the judge, asking for 15 to 20 years, with no mention of consecutive or concurrent sentencing.

“Mr. Berry says he did not kill the children,” he said.

Crown lawyer Patrick Weir asked for a sentence of 21 to 24 years for each count, served concurrently, meaning Berry would serve both counts at the same time.

Weir said Berry’s sentence must be “proportionate to the gravity of the offense” and called the Oak Bay father’s actions “selfish to a degree that denies comprehension.”

RELATED: Mother of murdered Oak Bay girls gives tearful victim impact statement

He asked the judge to consider a series of aggravating factors when handing down her sentence.

One factor, he said, is the fact that Berry deliberately ended the lives of two victims, and another is that those two victims were his own children, what he called, in a reference to case law, the “worst possible breach of trust.”

“Neither of these children could have fought back or defended themselves against these horrific acts,” Weir said. “They were absolutely defenceless. Neither showed any clear evidence of defence wounds.

“These children should have been protected by their father, not murdered by him.”

Weir also pointed to the “extremely vicious” nature of the attack. Berry used both a knife and bat in his attack of Chloe, and a knife in his attack of Aubrey.

The girls were found with dozens of stab wounds on the front and backs of their bodies and Chloe had been struck with such force she had a fractured skull in several places and significant bleeding and swelling in her brain.

RELATED: Oak Bay father Andrew Berry guilty in daughters’ murders

“There can be no possible explanation for the amount of overkill used by Mr. Berry,” Weir said. “Both of these attacks… would have taken some time to carry out. And at least one of the attacks… was not spontaneous but rather, occurred after Mr. Berry had seen the effect of his stabbing on the first daughter he murdered.”

Weir said the consequences and profound devastation the murders have had on the girls’ family, friends and community must be a consideration in sentencing.

“That two little children were stabbed to death on both their fronts and their backs, both before and after their hearts stopped beating, while in their own beds, in their own home on Christmas morning is unquestionably horrific,” he said.

After delivering the guilty verdict on Sept. 26, the jury made recommendations to Gropper on parole eligibility, with six jurors recommending 15 years for each count served consecutively (one after another), two suggesting 10 years for each count served concurrently and four withholding recommendations.

Gropper is expected to deliver her decision in the Victoria Courthouse on Thursday morning at 10 a.m.

RELATED: Oak Bay double murder trial: Five months of evidence, testimony summarized



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

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

Just Posted

An employee at Sidney’s Thrifty Foods tested positive for COVID-19, the parent company Sobeys posted on its website Wednesday. (Wolf Depner/News Staff)
COVID-19 case reported at Sidney grocery store

Thrifty Foods employee last worked at the store April 3

Despite a staff recommendation supporting for what would have been Sidney’s third retail location for recreational cannabis, council signalled its opposition to the application by a vote of 5-2. The proposed store would have been located in the 9700-block on Third Street sharing space with other businesses. (Black Press Media File)
Sidney rejects proposal for third cannabis location in community

Application from Jima Cannabis to open a store in 9700-block of Third Street goes down by 5-2 vote

A Sooke man died Tuesday afternoon after his car left the roadway in 7500-block of West Coast Road around 1:30 p.m. and hit a tree. (Black Press Media file photo)
Sooke man dies in Tuesday crash on West Coast Road

The man’s SUV left the roadway and struck a tree

Madison soaks up the sunshine with her family at at Langford Lake on April 5. (Dawn Gibson/News Staff)
PHOTOS: Langford residents hit the beach

Environment Canada predicting temperatures into the low 20s this weekend

(Black Press Media file photo)
Privacy concerns keep COVID-19 cases at University of Victoria off the record

Island Health, UVic not sharing specifics after internal notice confirms coronavirus case

(Black Press Media file photo)
POLL: Do you have a plan in place in the event of a tsunami?

Tsunamis have claimed the lives of more than 250,000 people between 1998… Continue reading

(Amandalina Letterio - Capital News)
Kelowna demonstrators show support for Vancouver Island logging activists

Two Kelowna men stood atop a pedestrian bridge on Harvey Avenue to raise awareness about old-growth forests

One of the grand prizes for this year's Hometown Heroes Lottery includes a seaside home at SookePoint, $1.5 million, and an Audi Quattro. (Photo courtesy of Hometown Heroes)
Hometown Heroes Lottery features seaside home in Sooke

A stunning seaside home in Sooke could be yours for the price… Continue reading

City workers from Duncan were busy recently putting up street signs in both Hul’q’umi’num’ and English. (Submitted photo)
Hul’q’umi’num street signs installed in downtown Duncan

Partnership with Cowichan Tribes sees English street names twinned with Indigenous language

A still from the video taken of a violent arrest on May 30, 2020 in downtown Kelowna. (File)
Kelowna Mountie charged with assault for caught-on-camera violent arrest

Const. Siggy Pietrzak was filmed punching a suspected impaired driver at least 10 times during an arrest

Homicide investigators who asked not to be identified put up signs Wednesday, April 14, along the Nanaimo Parkway in the area where a body was found March 31. RCMP are asking for witnesses or dash cam footage as the suspicious death has now been ruled a homicide. (Chris Bush/News Bulletin)
Suspicious death along the highway in Nanaimo now being investigated as a murder

RCMP identify victim as Randell Charles Thomas, repeat call for any information related to the case

A screenshot from a Nuu-chah-nulth healing song and performance created in collaboration between Hjalmer Wenstob and Timmy Masso. (Screenshot from YouTube)
WATCH: Tla-o-qui-aht First Nation brothers produce COVID-19 healing song

Hjalmer Wenstob and Timmy Masso share dance and inspiration.

The monster piece of logging equipment pictured is a bull block. In earlier days, the block would be situated at the height of a spar tree in a position to guide the steel cable in the direction which the operator wanted, to move the log being lifted, eventually to be loaded onto a truck. (Sooke Region Museum)
SOOKE HISTORY: Butler brothers bull block logs in at a record size

Steel spars and grapple loaders eventually replaced bull blocks in logging industry

Most Read