Andrew Berry arrives in a BC Sheriffs transport vehicle at the Victoria Courthouse for his sentencing hearing which is set to begin at 10 a.m. (Nicole Crescenzi/News Staff)

Andrew Berry arrives in a BC Sheriffs transport vehicle at the Victoria Courthouse for his sentencing hearing which is set to begin at 10 a.m. (Nicole Crescenzi/News Staff)

VIDEO: Oak Bay father who killed daughters eligible for parole after 22 years

Andrew Berry get life sentence for the murders of Aubrey, 4, and Chloe, 6, on Christmas Day 2017

Andrew Berry will serve 22 years before he is eligible for parole, but will get credit towards his parole eligibility for each day he’s been remanded in custody – nearly two years. Berry was sentenced to life in prison for the murders of his two children, Aubrey and Chloe Berry, who were found stabbed to death in their own beds, in their own home on Christmas Day in 2017.

Outside the courthouse after sentencing, Oak Bay Deputy Police Chief Ray Bernoties said he feels nothing positive about the outcome.

“Nothing changed from two years ago on Christmas,” he said, fighting back tears. “Two innocent girls were taken from our community. And we’ll move on together.”

Chloe was six and Aubrey was four when they were killed. They loved to paint and their favourite colours were pink and purple. Chloe was missing some of her baby teeth and you could see gaps when she smiled. Aubrey would throw her head back when she laughed and wanted to travel the world.

Only whispers were heard Thursday morning when Berry entered the courtroom. He glanced briefly at the rows of people before his handcuffs were removed.

Berry was sentenced to life in prison for their deaths. His sentences will be served concurrently and he will be eligible for parole in 22 years.

RELATED: Oak Bay father appeals conviction for killing daughters

Supreme Court Justice Miriam Gropper laid out her decision for the courtroom after a three-day sentencing hearing, discussing Berry’s motive and facts of the case. She noted Berry was not suffering from any mental or physical disabilities at the time of the murders.

Oak Bay Deputy Police Chief Ray Bernoties spoke outside the Victoria courthouse after Andrew Berry was sentenced to 22 years without parole for murdering his daughters, Chloe and Aubrey Berry. Bernoties said there was no closure from the sentencing. “I can honestly tell you I feel nothing positive from today,” he said. “Nothing changed from two years ago on Christmas.” (Nina Grossman/News Staff)

She determined Berry harboured resentment and anger towards the girls’ mother, Sarah Cotton, since the couple separated in 2015. Berry testified he thought Cotton had taken intentional steps to “screw him over,” and that he wanted Cotton to blame herself.

Earlier this week, lawyers took turns addressing Gropper with suggested parole eligibility. Defence attorney Kevin McCullough asked for 15 to 20 years and made no mention of consecutive or concurrent sentencing.

Crown lawyer Patrick Weir asked for a sentence of 21 to 24 years for each count, served concurrently or at the same time.

On Monday, Gropper determined the facts of the case which she would base Berry’s sentence on. Crown counsel Clare Jennings called Berry’s alternate tale of owing money to a loan shark “completely fabricated” and “self-serving.”

Gropper agreed with Crown, 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.

Chloe was struck in the head with a pink toy bat, hard enough to fracture her skull and render her unconscious before she was stabbed 26 times. Aubrey was stabbed 32 times. Both of them had stab wounds to the front and back of their body. Berry was found naked, in a bathtub full of water with wounds to his neck, which the judge found to be self-inflicted.

It is unclear which girl was killed first.

Gropper stated that in both murders, Berry would have had to turn their bodies over at least twice and that he would have had to walk between their rooms. This shows it was not a spontaneous decision and that he would have seen the effects of his stabbing on the first child, before moving on to the next. It’s not known if he went back and forth between the girls, or at all.

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.

On Tuesday, 13 victim impact statements and three community impact statements were read aloud in court.

A drawing, done by a four-year-old boy who was close friends with Aubrey and Chloe, that was shown in court. It depecits a house on the right, where the little boy is alone in his room crying. On the left, he’s drawn Chloe and Aubrey in the sky, in a rainbow house. A line separates the two homes, with a small gap where two birds have flown through. (Provided by Crown Counsel)

Cotton issued a statement after the sentencing decision on Thursday.

“I believe the family law system and the Ministry of Children and Family Development (MCFD) failed us leading up to the girls’ deaths,” Cotton said in the statement. “I did everything in my power to keep my children safe. However, my concerns made to MCFD about my children’s wellbeing in their father’s care and Andrew’s mental health fell on deaf ears. Then my concerns that he had a personality disorder were not brought forward in any significant way through the family court process. I can only hope that changes will be made throughout the family law system so that tragedies such as ours do not happen again.”

Berry was at the end of his rope financially. He had gambled away his pension from a 15-year career at BC Ferries. His hydro had been cut off and he didn’t have money for food.

“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.

RELATED: Story told by Oak Bay dad who killed daughters ‘defies logic,’ says judge at start of sentencing

Weir said Crown lawyers believe the sentence is appropriate, but recognize no outcome is enough.

“Of course he’s serving a life sentence so there is no guarantee he will ever get parole,” Weir said. “Even though it’s a long period of time, the fact is that it will do some good, but it will not, of course, remove the trauma that has been placed on this community by Mr. Berry’s actions, which will last far longer than the 22 years.”

In her statement, Cotton noted she is relieved this part of the judicial process is over and supported the judge’s decision, although she said there is no length of sentence appropriate for these crimes.

She thanked Crown prosecutors and the Vancouver Island Integrated Major Crime Unit for their work.

“I want to thank my community of Oak Bay, especially all the first responders for their strength, bravery, courage and sensitivity throughout this horrific tragedy. This community, including my neighbours in Oak Bay, have held me up and embraced me the last two years – I have felt so protected … I hope to find a little bit of peace in the coming year and hope that we can all heal as we move forward.”

Crown prosecutors Patrick Weir and Clare Jennings spoke to media outside the Victoria courthouse after Andrew Berry, who murdered his two young daughters, was sentenced to 22 years without parole. “I’m not sure if satisfied is the right word,” said Weir, who asked the judge for 21-24 years without parole. “Relieved that it’s finished. and pleased that the community can perhaps start to get some closure and some peace.” (Kendra Crighton/News Staff)

READ MORE: About this case


Like us on Facebook and follow us on Twitter

andrew berryOak Bay double homicide

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

Just Posted

Starting in June, Government Street will be closed to most vehicles between Humboldt and View streets. A section of Government Street was transformed into a pedestrian-priority walkway in the wake of COVID-19. (Black Press Media file photo)
Victoria plans 10-hour closures of Government Street come June

City’s business relief plan extended, Government St. from Humboldt to View closed noon to 10 p.m.

Cyclists cruised around Saanich at the 2017 Cycling Festival. (Black Press Media file photo)
Saanich scavenger hunt replaces annual Cycling Festival

Participants encouraged to ‘walk or roll’ to 20 secret sites, submit photo proof for prizes

As part of the province’s strategy to combat the opioid overdose crisis, take-home naloxone kits have been distributed throughout the province. (Courtesy of Gaëlle Nicolussi)
Vancouver Island could be at its worst point of overdose crises yet: medical health officer

Island Health issued overdose advisories for Victoria, various communities in the last two weeks

A member of the Belmont Secondary School in Langford has tested positive for COVID-19, the Sooke School District announced Thursday afternoon. (Black Press Media File Photo)
Positive COVID-19 case identified at Belmont Secondary School in Langford

Other school members could’ve been exposed on April 20

This photo shows crews the fire at 7987 Galbraith Cres. that caused extensive damage and displaced six residents early Sunday morning. (Central Saanich Fire/Department Twitter)
Central Saanich rallies around couple who lost home of 25 years

A GoFundMe campaign is currently underway for Carla and Brian Wallace

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

(Black Press Media file photo)
POLL: Have rising prices caused you to give up hope of buying a home?

Do you have a spare 50 grand or so kicking around (have… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 20

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

The conservation service confirmed they do not relocate cougars from settled areas but that euthanasia is not necessarily the fate for an animal in the Fanny Bay area. The hope is that the animal will move on to wild areas. (File photo)
Woman hopes cat-stalking Fanny Bay cougar can avoid euthanization

Conservation officers do not relocate the animals from Vancouver Island

Tofino residents expressed frustration over a recent post by Long Beach Lodge owner Tim Hackett that falsely claimed all residents have been vaccinated. (Westerly file photo)
Resort owner apologizes for suggesting Tofino is safe to travel to

Long Beach Lodge owner Tim Hackett apologizes to community and visitors

BC Hydro released a survey Thursday, April 22. It found that many British Columbians are unintentionally contributing to climate change with their yard maintenance choices. (Pixabay)
Spend a lot of time doing yard work? It might be contributing to climate change

Recent BC Hydro survey finds 60% of homeowners still use gas-powered lawnmowers and yard equipment

Journal de Montreal is seen in Montreal, on Thursday, April 22, 2021. The daily newspaper uses a file picture of Prime Minister Justin Trudeau dressed in traditional Indian clothing during his trip to India to illustrate a story on the Indian variant of the coronavirus. Paul Chiasson/The Canadian Press
Montreal newspaper blasted for front-page photo of Trudeau in India

Trudeau is wearing traditional Indian clothes and holding his hands together in prayer beside a caption that reads, ‘The Indian variant has arrived’

Most Read