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.

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

Just Posted

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Victoria for driving tests

Union leader calls on government to institute stronger travel ban

(Courtesy Saanich Police Dept.)
Police hope boot search will help find missing Saanich man

Sean Hart is known to walk for miles, with or without his boots

A Colwood couple has set up over 140 Christmas inflatable decorations around their property at 555 Girdou Rd. The home is lit with Christmas music playing from 3 p.m. to 8 p.m. Sunday through Thursday and 3 p.m. to 11 p.m. Friday and Saturday. (Aaron Guillen/News Staff)
PHOTOS: Colwood house decorated to the nines with Christmas inflatables

Display on Girou Road open to spectators from 3 to 8 p.m. Sunday through Thursday

Shopping in the evening in downtown Victoria can be a good time to go, with relatively few people in store and plenty of room to physically distance, as this photo from Government Street shows. (Don Descoteau/News Staff) 
Shopping in the evening in downtown Victoria can be a good time to go, with relatively few people in store and plenty of room to physically distance, as this photo from Government Street shows. But thanks to a new program from the Downtown Victoria Business Association, many downtown businesses will soon be able to provide free delivery for customers across the region. (Don Descoteau/News Staff)
Downtown Victoria businesses offered free delivery for regional customers

DVBA launches ‘Downtown Delivers’ program Dec. 7

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

The opening day on Mount Washington this year was Dec. 4. Screenshot
Mount Washington opens on time, COVID-19 protocols in place

“We’re super excited - it’s been six months in the planning.”

British Columbia Health Minister Adrian Dix wears a face mask to curb the spread of COVID-19, during an announcement about a new regional cancer centre, in Surrey, B.C., on Thursday, August 6, 2020. THE CANADIAN PRESS/Darryl Dyck
PHSA bought faulty respirators; spent money on catering, renovations: Dix

Such spending included ‘unnecessary, unbudgeted renovations’ to the authority’s headquarters in Vancouver

B.C. NDP leader John Horgan releases his election platform, Vancouver, Oct. 6, 2020, featuring COVID-19 relief payments promised for most households. (B.C. NDP photo)
Next $1.5 billion in B.C. COVID-19 cash ‘prudent,’ Horgan says

New round of payments for household incomes up to $175,000

Most Read