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)

B.C. father’s parole eligibility 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.

Just Posted

Capitals’ Kahlil Fontana blueliner evades Alberni Valley Bulldogs’ Ethan Hersant during second-period B.C. Hockey League Island Division action at the Alberni Valley Multiplex on Saturday, April 10, 2021. (Susan Quinn/Black Press Media)
Cowichan Capitals go out with a bang

Caps finish BCHL season strong with 6-1 thumping of Clippers

The MS Society flag flies at Duncan city hall to mark MS Awareness Month. (Kevin Rothbauer/Citizen)
Duncan and CVRD help mark MS Awareness Month

MS Walk scales back, but fundraisers are still vital for MS Society

“Keeping fit for Mother’s Day: Participants of Cowichan Lake Recreation’s Mother’s Day hiking event make their way down the Trans Canada Trail, Sunday, May 8. The morning event later wrapped up with snacks and prizes.” (Tyler Clarke/Lake Cowichan Gazette May 11, 2011)
Flashback: Bears, elk, salmon, candidates, and lumber graders

This week around Cowichan Lake in years gone by

Sign up to fundraise to help those affected by dementia. (Submitted)
Not too late for Cowichan residents to join Alzheimer’s Walk

Set a walking or fitness goal for May and raise funds for the Alzheimer Society of B.C.

Robert’s column
Robert Barron Column: Poachers in forest reserve should be treated harshly

‘Poachers need to be rounded up and prosecuted as soon as possible’

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. Dr. Ben Chan remembers hearing the preliminary reports back in March of blood clots appearing in a handful of European recipients of the Oxford-AstraZeneca COVID-19 vaccine. THE CANADIAN PRESS/Jeff McIntosh
Science on COVID, VITT constantly changing: A look at how doctors keep up

While VITT can represent challenges as a novel disorder, blood clots themselves are not new

Poached trees that were taken recently on Vancouver Island in the Mount Prevost area near Cowichan, B.C. are shown on Sunday, May 10, 2021. Big trees, small trees, dead trees, softwoods and hardwoods have all become valuable targets of tree poachers in British Columbia as timber prices hit record levels. THE CANADIAN PRESS/Jen Osborne.
Tree poaching from public forests increasing in B.C. as lumber hits record prices

Prices for B.C. softwood lumber reached $1,600 for 1,000 board feet compared with about $300 a year ago

The warm weather means time for a camping trip, or at least an excursion into nature. How much do you know about camps and camping-related facts? (John Arendt - Summerland Review)
QUIZ: Are you ready to go camping?

How many camp and camping-related questions can you answer?

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Queen Elizabeth II and Clive Holland, deputy commonwealth president of the Royal Life Saving Society, top left, virtually present Dr. Steve Beerman, top right, with the King Edward VII Cup for his drowning-prevention work. Tanner Gorille and Sarah Downs were honoured with Russell Medals for their life-saving resuscitation. (Buckingham Palace photo)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Most Read