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.

Just Posted

Staff member Lena Laitinen gives the wall at BoulderHouse a workout during a media tour on June 16. (Rick Stiebel/News Staff)
BoulderHouse raring to rock Langford

Popularity of bouldering continues to climb across Greater Victoria

The Sooke Potholes is a jewel in the community's crown. Transition Sooke hosts a town hall meeting on community growth on June 26. (Courtesy: Sooke News Mirror)
Sooke forum tackles community growth

To Grow or Not to Grow online town hall meeting set for June 26

General manager Lindsey Pomper says Sidney’s Star Cinema cannot wait welcome audiences when it reopens June 18, amid an easing of public health measures. (Wolf Depner/News Staff)
Sidney’s Star Cinema raises curtain for the first time after months in the darkness

Iconic theatre to reopen at half capacity for Friday night showing

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.’s Indigenous language, art and culture

North Saanich advisor says initiative supports urgent need to preserve Indigenous languages

A dogs in parks pilot study unanimously approved by Saanich council will evaluate how park space can best be shared between dog owners and non-owners alike. (Photo by Megan Atkins-Baker/News Staff)
Saanich to study park-sharing strategy between those with and without pets

District-wide People, Parks and Dogs study to produce recommendations by fall

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

Tk’emlups te Secwepemc Chief Rosanne Casimir stands outside the former Kamloops Indian Residential School after speaking to reporters, in Kamloops, B.C., on Friday, June 4, 2021.THE CANADIAN PRESS/Darryl Dyck
Kamloops chief says more unmarked graves will be found across Canada

Chief Rosanne Casimir told a virtual news conference the nation expects to release a report at the end of June

A woman wears a vaccinated sticker after receiving a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. ranks among highest in world in COVID-19 first-dose shots: health officials

More than 76% of eligible people have received their 1st shot

An artists conception of the new terminal building at the Pitt Meadows Regional Airport.
Air travel taking off in B.C., but lack of traffic controllers a sky-high concern

There will be demand for more air traffic controllers: Miller

Canadian Armed Forces experts are on their way to North Vancouver after a local homeowner expressed worry about a military artifact he recently purchased. (Twitter DNV Fire and Rescue)
Military called in to deal with antique ‘shell’ at North Vancouver home

‘The person somehow purchased a bombshell innocently believing it was an out-of-commission military artifact’

Amy Kobelt and Tony Cruz have set their wedding date for February, hoping that more COVID-19 restrictions will have lifted. (The Macleans)
B.C. couples ‘gambling’ on whether COVID rules will let them dance at their wedding

Amy Kobelt and Tony Cruz pushed back their wedding in hopes of being able to celebrate it without the constraints of COVID-19

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Provincial health officer Dr. Bonnie Henry says re-opening B.C.’s border to the U.S. ‘is not in our best interest’ right now. (B.C. Government photo)
Provincial health officer Dr. Bonnie Henry (B.C. Government photo)
B.C. records 113 new COVID-19 cases Wednesday, 4 deaths

Vaccination of young people rising quickly, near 75 per cent

Most Read