Sisters 4-year-old Aubrey Berry and 6-year-old Chloe Berry were found dead in their father’s apartment in Oak Bay on Christmas Day. Their father Andrew Berry is charged with two counts of second-degree murder in their deaths. (Submitted photo)

Sisters 4-year-old Aubrey Berry and 6-year-old Chloe Berry were found dead in their father’s apartment in Oak Bay on Christmas Day. Their father Andrew Berry is charged with two counts of second-degree murder in their deaths. (Submitted photo)

Story told by B.C. dad who killed daughters ‘defies logic,’ says judge

Victim impact statements start Tuesday at Andrew Berry’s sentencing hearing in Victoria

WARNING: This story contains disturbing details about a double murder.

The first day of the sentencing hearing for the Oak Bay father who murdered his two young daughters on Christmas day in 2017 began in the Victoria courthouse on Monday.

Andrew Berry’s defense lawyer told the court that Berry maintains he did not kill four-year-old Aubrey and six-year-old Chloe, despite being found guilty by a jury after an almost six-month trial.

Berry sat in the defendant box dressed in a red sweatshirt and pants from the Vancouver Island Regional Correctional Centre. The back two rows of the courtroom were filled with family and friends. Berry, head tilted down, spent the morning’s proceedings writing on a yellow legal pad and only glanced at those in the gallery when his handcuffs were done back up as he exited the room.

The proceedings began with Crown laying out the aggravating factors that should be taken into account when determining a proper sentence for Berry. Crown counsel Clare Jennings called Berry’s alternate tale of owing money to a loan shark named Paul “completely fabricated” and “self-serving.”

A break was called around noon for Supreme Court Justice Miriam Gropper to determine what facts had been proven beyond a reasonable doubt and would be taken into account.

Jennings told the courts that the jury “clearly rejected that a dark-skinned man killed” the girls, along with injuring Berry in the process. Gropper agreed with Crown following the break, 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.

READ ALSO: Oak Bay father Andrew Berry guilty in daughters’ murders

Chloe was struck in the head and stabbed 26 times, Aubrey was stabbed 32 times. Berry was found naked, in a bathtub full of water with wounds to his neck, which the judge found to be self-inflicted. A small pink bat was found tangled in Chloe’s hair and 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, which both Crown and Gropper stated is consistent with them being rendered unconscious prior to being murdered. Berry would have had to turn both girls over at least twice, said Gropper, which was evident by the stab wounds on the front and back of the body.

It is unclear which girl was killed first.

“Berry would have seen the effects of his stabbings and then moved on to the other bedroom and done the same thing to the second daughter. A period of time must have elapsed,” said Jennings, adding that Crown did not know whether all the wounds were inflicted to each child one at a time, or whether Berry went back and forth between the two.

Berry, who had quit his job at BC Ferries, was at the end of his rope financially stated Gropper.

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

“He had burned bridges with his parents and couldn’t go to them … he spent all his pension funds to his knowledge and had no further funds coming, he had maxed out all his credit and was in fact in overdraft in all of his accounts,” explained Jennings.

Berry murdered Aubrey and Chloe, at least in part, because he wished to hurt Sarah Cotton, the girls’ mother said Gropper.

“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. The hydro in Berry’s apartment had been turned off and he admitted he had no money to get it turned back on.

“Whether Berry chose to kill Chloe and Aubrey to protect them from his suicide … or to stop Sarah Cotton from having [the girls], it is very clear that the motivation for all his actions on Dec. 25, 2017 stemmed in part from the animosity towards Sarah Cotton,” said Gropper.

Berry paid little attention to the judge as she spoke during the second half of Monday’s proceedings, keeping his head down to write on the paper in front of him.

The hearing is expected to last four days, with victim impact statements starting on Tuesday.

READ MORE: About this case



kendra.crighton@blackpress.ca

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

Just Posted

Prince Charles Secondary School
School District 8 votes in favour of name change for Creston’s high school

In an act of reconciliation, a new name will be chosen for the former Prince Charles Secondary School

A new doctor has been recruited for the Creston Valley. (Pixabay)
New doctor recruited for the Creston Valley

Dr. Luke Turanich is expected to begin practice in late summer/early fall

Waneta Manor is located on Laburnum Drive in Trail. Photo: Sheri Regnier
Senior dies as Trail tenants continue wait for broken elevator to be fixed

The elevator in Waneta Manor has been out of commission since February

Adrian Moyls is the Selkirk College Class of 2021 valedictorian and graduate of the School of Health and Human Services. Photo: Submitted
Selkirk College valedictorian proves mettle in accomplishment

Adrian Moyls is a graduate of the School of Health and Human Services

Selkirk College has begun its search in earnest for a leader to replace president Angus Graeme who is set to retire from his position in May 2022. Photo: Submitted
Selkirk College seeks community input for president search

Current president Angus Graeme retires next year

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Most Read