Andrew Berry is appealing his conviction for his daughters’ murders. (THE CANADIAN PRESS/Felicity Don)

Andrew Berry is appealing his conviction for his daughters’ murders. (THE CANADIAN PRESS/Felicity Don)

Appeal for Oak Bay father who killed daughters cites 11 errors during trial

Andrew Berry was sentenced to life in prison for the murders of Aubrey, 4, and Chloe, 6

Immediately after Andrew Berry was sentenced to life in prison Dec. 19, he appealed the conviction and the sentence, asking the courts for a new trial and a reduced period of parole ineligibility.

Berry was sentenced to 22 years in prison before being eligible for parole for the murders of his children, Chloe, 6, and Aubrey, 4, who were found stabbed to death in their beds in their home on Christmas Day in 2017.

Page one of Andrew Berry’s notice of appeal for both counts of second-degree murder for the deaths of his two daughters, Aubrey and Chloe. (Kendra Crighton/News Staff)

Berry has maintained his innocence throughout court proceedings, testifying that he had gambling debts, and was attacked in his apartment the night the girls were murdered.

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

Supreme Court Justice Miriam Gropper called Berry’s alternate tale of owing money to a loan shark “completely fabricated” and “self-serving.”

The notice of appeal, filed by Berry’s lawyer Kevin McCullough, lays out 11 instances they say the trial judge erred in determining the sentence and conviction. The first point on the notice states the trial judge erred in admitting the statements Berry “allegedly made to first responders” at the crime scene.

RELATED: Adopted grandmother to murdered Oak Bay girls shares her grief

On Monday Gropper laid out the facts of the case that she found to have been proven beyond reasonable doubt and on which Berry would be sentenced. She found that when first responders first attended the murder scene at Berry’s apartment on Beach Drive, he uttered the words “kill me” and “leave me alone.” During the almost six month trial, paramedic Hayley Blackmore testified she heard Berry utter the word “kill” in a deadpan voice and asked all the paramedics in the suite to leave.

“I wasn’t sure if he said, ‘kill me’ or ‘I’m going to kill you’…” she told the courts.

Page two of Andrew Berry’s notice of appeal. (Kendra Crighton/News Staff)

The notice also states the trial judge erred “admitting subsequent statements” of Berry at the hospital both before and after he was detained under the Mental Health Act, along with permitting the Crown to “lead evidence from multiple witnesses” about Berry’s failure to ask about his dead children.

Some of the other reasons outlined on the notice of appeal include the failure to explain the distinction between murder and manslaughter and imposing a period of parole that was “excessive and unfit.”

To read more about this case visit oakbaynews.com/tag/andrew-berry.

-With files from Nina Grossman



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

The barred owl is the most likely to be spotted in the south Island. (Ann Nightingale photo)
Barred owls dominate Greater Victoria owl-scape

Western screech owl population decimated, partly due to barred owls

Between June 1 and 7, 168 net unconditional sales were made for properties in the VREB region. (Black Press Media file photo)
Victoria home sales slightly behind last June’s pace

Benchmark value of single-family home in Greater Victoria tops $1 million

Police monitor protesters at a blockade in the Fairy Creek area of southwestern Vancouver Island on Wednesday, June 9. (Facebook photo)
8 old-growth logging protesters arrested in Fairy Creek watershed Friday

A total of 214 people have been arrested as of June 11

A new report pegs the annual cost of hiring a third party to monitor use of pickleball courts in North Saanich at $12,000. (Black Press Media file photo).
North Saanich could end up hiring third party to monitor pickleball courts

Other options up for consideration include use of cameras and timed locks

A temporary urgent and primary care centre will open in Esquimalt this week, offering residents more health care options in their own community. (Black Press Media file)
Esquimalt’s temporary urgent and primary care centre to open Monday

The Esquimalt Health Unit will house the temporary site, permanent location opening in December

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Most Read