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

A person receives 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)
Local youth vaccination clinics underway

Pfizer vaccine will be used

Priya Sharma. (Submitted)
Column: Why ultimatums don’t work

By Priya Sharma It is a common misconception that people can choose… Continue reading

People had a chance to interact with different animals at the petting zoo, participate in mutton busting, and buy everything local during the Fall Fair held in 2019. (Aman Parhar/Omineca Express)
55th Fall Fair in Vanderhoof cancelled

Alternative events eyed once again

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Camper van explosion burns Vancouver Island gas station to the ground

Nine fire departments responded to the incident, no injuries reported

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. The website for a Broadway theatre showing "Springsteen on Broadway" said it would only allow guests "fully vaccinated with an FDA-approved vaccine" — Pfizer-BioNTech, Moderna or Johnson & Johnson. THE CANADIAN PRESS/Jeff McIntosh
No Springsteen for you: AstraZeneca not good enough to qualify for Broadway ticket

Victoria area mayor among those unable to attend New York entertainment due to COVID-19 restriction

The BC Ferries’ website is down for the second time in one week from what they say is likely an overwhelming increase in web traffic. (Black Press Media file photo)
Surging web traffic crashes BC Ferries’ site again

Website down for second time this week

John Furlong told the Vancouver Board of Trade on Feb. 20, 2020 that he thinks the city could and should bid for the 2030 Winter Games. (CP photo)
PODCAST: John Furlong lays out a ‘provincial’ B.C. plan to host the 2030 Winter Olympics

Podcast: Chat includes potential role for Vancouver Island communities

The pilot of this single-engine propeller plane was unhurt after crash-landing in a Como Road orchard Friday, June 18. Photo: Laurie Tritschler
Plane crash lands into Grand Forks orchard, pilot injured

RCMP have secured the crash site, pending investigation by Transport Canada

Lake Country firefighters made good use of pet respirators they keep on board June 17, 2021. (District of Lake Country)
PHOTOS: 11 dogs rescued, home destroyed in large blaze in Okanagan

Home deemed a total loss, cause remains unknown but crews thankful for pet respirators

A tenant walks in front of her home on Boundary Road on Friday, June 18, 2021 after it was destroyed by fire the night before in Chilliwack. (Jenna Hauck/ Chilliwack Progress)
Family homeless after fire rips through Chilliwack house

Turtle rescued, no one seriously hurt following Boundary Road fire in Chilliwack

Most Read