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

B.C. Finance Minister Selina Robinson outlines the province’s three-year budget in Victoria, April 20, 2021. (B.C. government video)
B.C. deficit to grow by $19 billion for COVID-19 recovery spending

Pandemic-year deficit $5 billion lower than forecast

A syringe is loaded with 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
67 new cases of COVID-19 in Interior Health

Thirty people in the region are hospitalized with the virus, 11 of whom are intensive care

People are shown at a COVID-19 vaccination site in Montreal, Sunday, April 18, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
211 new COVID-19 cases in Interior Health over the weekend

Currently, there are 875 active cases of the virus in the region

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. As of April 19, more than 230,000 doses have been administered across the Interior Health region. (Phil McLachlan/Black Press)
More than 230K doses of COVID-19 vaccine administered across Interior Health

A total of 220,216 first doses and 13,775 second doses have been given to residents across the B.C. Interior

BC Hyrdo outage map shows a section of Clearwater without power, Sunday, April 18. (BC Hydro)
BC Hydro confirms outage caused by wind storm in Clearwater

Residents are reporting their service has been restored, but the cause is not yet known.

A lone traveler enters the Calgary Airport in Calgary, Alta., Monday, Feb. 22, 2021. THE CANADIAN PRESS/Jeff McIntosh
VIDEO: Trudeau defends Canada’s travel restrictions as effective but open to doing more

Trudeau said quarantine hotels for international air travellers will continue until at least May 21

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin’s trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. THE CANADIAN PRESS/Court TV via AP, Pool
George Floyd’s death was ‘wake-up call’ about systemic racism: Trudeau

Derek Chauvin was found guilty Tuesday on all three charges against him

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Rowing Canada sanctions former head coach of B.C. varsity women’s team

Suspension of Barney Williams would be reversed if he complies with certain terms

A man pauses at a coffin after carrying it during a memorial march to remember victims of overdose deaths in Vancouver. THE CANADIAN PRESS/Darryl Dyck
B.C. announces historic half-billion-dollar funding for overdose crisis, mental health

Of it, $152 million will be used to address the opioid crisis and see the creation of 195 new substance use treatment beds

Children’s backpacks and shoes are seen at a CEFA (Core Education and Fine Arts) Early Learning daycare franchise, in Langley, B.C., on Tuesday May 29, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C. budget to expand $10-a-day child care, but misses the mark on ‘truly universal’ system

$111 million will be used to fund 3,750 new $10-a-day spaces though 75 additional ChildCareBC universal prototype sites over the next three years.

Mak Parhar speaks at an anti-mask rally outside the Vancouver Art Gallery on Sunday, Nov. 1, 2020. Parhar was arrested on Nov. 2 and charged with allegedly violating the Quarantine Act after returning from a Flat Earth conference held in Geenville, South Carolina on Oct. 24. (Flat Earth Focker/YouTube.com screenshot)
Judge tosses lawsuit of B.C. COVID-denier who broke quarantine after Flat Earth conference

Mak Parhar accused gov, police of trespass, malfeasance, extortion, terrorism, kidnapping and fraud

Most Read