Andrew Berry is appealing his conviction for his daughters’ murders. (THE CANADIAN PRESS/Felicity Don)

Andrew Berry is appealing his conviction for his daughters’ murders. (THE CANADIAN PRESS/Felicity Don)

Appeal for Oak Bay father who killed daughters cites 11 errors during trial

Andrew Berry was sentenced to life in prison for the murders of Aubrey, 4, and Chloe, 6

Immediately after Andrew Berry was sentenced to life in prison Dec. 19, he appealed the conviction and the sentence, asking the courts for a new trial and a reduced period of parole ineligibility.

Berry was sentenced to 22 years in prison before being eligible for parole for the murders of his children, Chloe, 6, and Aubrey, 4, who were found stabbed to death in their beds in their home on Christmas Day in 2017.

Page one of Andrew Berry’s notice of appeal for both counts of second-degree murder for the deaths of his two daughters, Aubrey and Chloe. (Kendra Crighton/News Staff)

Berry has maintained his innocence throughout court proceedings, testifying that he had gambling debts, and was attacked in his apartment the night the girls were murdered.

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

Supreme Court Justice Miriam Gropper called Berry’s alternate tale of owing money to a loan shark “completely fabricated” and “self-serving.”

The notice of appeal, filed by Berry’s lawyer Kevin McCullough, lays out 11 instances they say the trial judge erred in determining the sentence and conviction. The first point on the notice states the trial judge erred in admitting the statements Berry “allegedly made to first responders” at the crime scene.

RELATED: Adopted grandmother to murdered Oak Bay girls shares her grief

On Monday Gropper laid out the facts of the case that she found to have been proven beyond reasonable doubt and on which Berry would be sentenced. She found that when first responders first attended the murder scene at Berry’s apartment on Beach Drive, he uttered the words “kill me” and “leave me alone.” During the almost six month trial, paramedic Hayley Blackmore testified she heard Berry utter the word “kill” in a deadpan voice and asked all the paramedics in the suite to leave.

“I wasn’t sure if he said, ‘kill me’ or ‘I’m going to kill you’…” she told the courts.

Page two of Andrew Berry’s notice of appeal. (Kendra Crighton/News Staff)

The notice also states the trial judge erred “admitting subsequent statements” of Berry at the hospital both before and after he was detained under the Mental Health Act, along with permitting the Crown to “lead evidence from multiple witnesses” about Berry’s failure to ask about his dead children.

Some of the other reasons outlined on the notice of appeal include the failure to explain the distinction between murder and manslaughter and imposing a period of parole that was “excessive and unfit.”

To read more about this case visit oakbaynews.com/tag/andrew-berry.

-With files from Nina Grossman



kendra.crighton@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

Highway 14 (Sooke Road) is closed between Impala Road and Humpback Road following a “major” police incident, according to DriveBC. (Black Press Media file photo)
UPDATED: Major crimes unit takes over after police incident closes Highway 14 through Sooke

Incident occurred Friday night, detour made available early Saturday

(Black Press Media file photo)
Get the word on art on Sunday afternoons in Victoria

Art Gallery of Greater Victoria presents Sunday lecture series in March

Community members Ed Hutchinson, left, Dave Noren, and Pat Graham, president of The Ladies Guild, stand before the new book house outside the Church of the Advent in Colwood. The tiny library was built as a result of the annual Church of the Advent book sale being cancelled due to COVID-19. (Submitted/Joan Hoffman)
Colwood church builds little library

Church of Advent annual book sale cancelled due to health restrictions

To each their own pipe. The new sewer main during staging in James Bay before it was installed in 2018, to convey waste to the McLoughlin Point treatment facility. (Black Press Media file photo)
‘End in sight,’ for Victoria’s annual sewage overflows

Wastewater projects underway should end sewage overflows

(Courtesy Very Good Butchers)
Very Good Butchers brand adds cheese to its platter

The Cultured Nut products to be rebranded under Very Good Cheese banner

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

More than ever before, as pandemic conditions persist, the threat of data breaches and cyberattacks continues to grow, according to SFU professor Michael Parent. (Pixabay photo)
SFU expert unveils 5 ways the COVID-19 pandemic has forever changed cybersecurity

Recognizing these changes is the first in a series of steps to mitigate them once the pandemic ends, and before the next: Michael Parent

Kevin Haughton is the founder/technologist of Courtenay-based Clearflo Solutions. Scott Stanfield photo
Islander aims Clearflo clean drinking water system at Canada’s remote communities

Entrepreneur $300,000 mobile system can produce 50,000 litres of water in a day, via solar energy

Malawian police guard AstraZeneca COVID-19 vaccines after the shipment arrived in Lilongwe, Malawi, Friday March 5, 2021. Canada is expecting its first shipments of AstraZeneca vaccine next week. (Associated Press/Thoko Chikondi)
B.C.’s daily COVID-19 cases climb to 634 Friday, four more deaths

Currently 255 people in hospital, 66 in intensive care

A crashed helicopter is seen near Mt. Gardner on Bowen Island on Friday March 5, 2021. Two people were taken to hospital in serious but stable condition after the crash. (Irene Paulus/contributed)
2 people in serious condition after helicopter goes down on Bowen Island

Unclear how many passengers aboard and unclear where the helicopter was going

Surrey Pretrial in Newton. (Photo: Tom Zytaruk)
B.C. transgender inmate to get human rights hearing after being held in mostly male jail

B.C. Human Rights Tribunal member Amber Prince on March 3 dismissed the pretrial’s application to have Makayla Sandve’s complaint dismissed

Supporters rally outside court as Pastor James Coates of GraceLife Church is in court to appeal bail conditions, after he was arrested for holding day services in violation of COVID-19 rules, in Edmonton, Alta., on Thursday March 4, 2021. THE CANADIAN PRESS/Jason Franson
‘Law remains valid:’ Pastor accused of violating health orders to remain in jail

The Justice Centre for Constitutional Freedoms is representing the pastor

The Netflix logo on an iPhone. B.C. delayed imposing sales tax on digital services and sweetened carbonated beverages as part of its response to COVID-19. Those taxes take effect April 1, 2021. THE CANADIAN PRESS/AP, Matt Rourke
B.C. applies 7% sales tax on streaming, vaping, sweet drinks April 1

Measures from 2020 budget were delayed due to COVID-19

A lawyer wears a face mask and gloves to curb the spread of COVID-19 while waiting to enter B.C. Supreme Court, in Vancouver, B.C., Friday, Aug. 28, 2020. British Columbia’s highest court has sided with the land owner in a dispute over public access to public land. THE CANADIAN PRESS/Darryl Dyck
B.C. high court finds in favour of large landowner in fight over access to pair of lakes

The Nicola Valley Fish and Game Club launched legal action after the cattle company blocked road and trail access

Most Read