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

Silver Valley resident Freda du Plessis was photographing bumblebees near Pitt Lake when a “majestic” osprey flew overhead hunting for food. It snagged this fish, and set down on a pole near du Plessis to eat. (Special to The News)
SHARE: Time to feast

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

Bill Longpre shared a picture of the Fraser River and the Golden Ears Bridge as seen from one of the remaining mills along the shore in Albion. (Special to The News)
SHARE: Living life along the Fraser

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

Machine gun on roof of Pitt Meadows municipal hall, circa 1929. (Pitt Meadows Museum & Archives/Special to The News)
LOOKING BACK: German machine gun mystery solved – at least part of it

Recently discovered documents uncovered how war trophies came to exist in Pitt Meadows

Have an opinion you’d like to share? Submit letters to the editor through our website, via email or the postal service. (Heather Colpitts/Black Press Media)
LETTER: Maple Ridge resident encourages people to stand up to anti-Asian racism when they see it

Local letter writer can’t understand why people act out against certain groups

Kat Wahamaa marched downtown Vancouver to mark the fifth anniversary of the opioid crisis in B.C. She lost her own son to a fentanyl overdose in 2016. (Colleen Flanagan/The News)
Mothers mark opioid anniversary with march in Vancouver

Former City of Maple Ridge artist-in-residence and Maple Ridge homeless advocate mourn loss of children

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

File photo. THE CANADIAN PRESS/Graeme Roy
One man dead after shooting in Downtown Vancouver

This is Vancouver’s fifth homicide of the year

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
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

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

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Police tape is shown in Toronto Tuesday, May 2, 2017. Statistics Canada says the country's crime rate ticked up again in 2018, for a fourth year in a row, though it was still lower than it was a decade ago. THE CANADIAN PRESS/Graeme Roy
CRIME STOPPERS: ‘Most wanted’ for the week of April 18

Crime Stoppers’ weekly list based on information provided by police investigators

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

Most Read