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

Oak Bay resident Hugh Thompson died Friday, May 7. (GoFundMe photo)
Oak Bay dad dies mountain biking near Shawnigan Lake

Community rallies around family with online fundraiser

(Black Press Media file photo)
Victoria police use bean bag round in arrest

Man arrested for assault with weapon, uttering threats

Test positivity rates in Greater Victoria from April 23 to 29. (BC CDC data)
Leaked data shows View Royal top of COVID-19 list for Greater Victoria

View Royal mayor says week was a blip for the township, not the norm

A member of the Downtown Victoria Business Association Clean Team works along Fort Street. The team will be working weekends from May through September, providing seven day a week coverage. (Photo courtesy DVBA)
Downtown Victoria cleanup service expanded for spring, summer

Clean Team members to patrol sidewalks seven days a week through September

Gwen Spencer Hethey is one of four athletes being inducted into the Greater Victoria Sports Hall of Fame this year. Here, she is pictured with her mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
Four new names added to Greater Victoria Sports Hall of Fame

Matt Pettinger, Gwen Spencer Hethey, Peter Lawless and Roger Skillings being inducted

A bullet hole is seen in the windshield of an RCMP vehicle approximately 4 km from Vancouver International Airport after a one person was killed during a shooting outside the international departures terminal at the airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Homicide team IDs man in fatal YVR shooting as police grapple with spate of gang violence

Man, 20, charged in separate fatal shooting Burnaby over the weekend

The Canadian Forces Snowbirds are in the Comox Valley for their annual spring training. Photo by Erin Haluschak
Suspected bird strike on Snowbirds plane during training in Comox

Pilot followed protocols and landed the aircraft on the ground without any problems

BCIT. (Wikimedia Commons)
BCIT apologizes after employee’s ‘offensive and hurtful’ email leaked to Métis Nation

BCIT says employee’s conduct has been investigated and addressed

An adult male yellow-breasted chat is shown in this undatd photograph on lands protected in collaboration between the En’owkin Centre and Penticton Indian Band with support through ECCC. The rescue from near extinction for a little yellow bird hinges on the wild rose in British Columbia’s Okanagan Valley, a researcher says. THE CANADIAN PRESS/HO, A. Michael Bezener/ En’owkin Centre 2020 *MANDATORY CREDIT*
Rare yellow birds need wild roses to survive in British Columbia: researcher

The importance of local wild roses emerged over a nearly 20-year experiment

Alberni Valley Bulldogs forward comes away with the puck after a battle along the boards with Grizzlies defenceman Jake Veilleux. (ELENA RARDON / ALBERNI VALLEY NEWS)
BCHL: Victoria Grizzlies named Island Champions

Grizzlies edged Alberni Valley Bulldogs in back-to-back matches to claim title

RCMP officers search around rows of luggage carts as screens block off an area of the sidewalk after a shooting outside the international departures terminal at Vancouver International Airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Police say gang conflict in Metro Vancouver may be behind shooting death at airport

Police said this generation of gangsters is taking things to new level and have no regard for community safety

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

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

Most Read