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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Demonstrators lined Hwy 16 May 5 to mark the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. (Deb Meissner photo)
VIDEO: Smithers gathering marks Red Dress Day honouring missing and murdered Indigenous women and girls

Approximately 70 people lined Hwy 16, drumming, singing and holding up placards

“Skeena,” by John Hudson and Paul Hanslow is one of five fonts in the running to become the default for Microsoft systems and Office programs. (Black Press Media File Photo)
Font named after Skeena River could become the next Microsoft default

One of the five new fonts will replace Calibri, which has been Microsoft’s default since 2007

The road to Telegraph Creek (Hwy 51) was closed April 15 due to a washout. On May 4, the road was opened to light-duty passenger vehicles during specific times. (BC Transportation and Infrastructure/Facebook)
Telegraph Creek Road opens for light-duty vehicles

Road has been closed since April 15 due to a washout

Gitxsan Nation extends fishing ban for non-Indigenous permit holders indefinitely . (Photo courtesy, Travis Murphy)
Gitxsan Nation extends ban for non-Indigenous fishing permit holders across their territory

The move comes after the province backed away from ongoing discussions with Gitxsan chiefs and DFO

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

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

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Most Read