WARNING: This article contains graphic details which may be disturbing to some readers.
In 2017, on Christmas Day, Andrew Berry killed his two daughters, 4-year-old Aubrey and 6-year-old Chloe, in his Oak Bay apartment.
What happened in 2017
The children’s mother was supposed to have custody of their kids that day but when Berry failed to turn the kids over, she tried calling him and eventually went to his apartment when she became increasingly worried about their whereabouts and well-being.
Police were called and entered Berry’s unit to find the two children’s bodies in their beds dressed in pajamas with numerous stab wounds.
Berry himself was found in a full bathtub with a stab wound to his neck, torso and face.
A note was found at the scene addressed to Berry’s sister, which complained about his ex-wife and mother and was taken into evidence and considered to be a suicide note.
First responders were called and Berry was taken to the hospital where his wounds were treated.
While the first responders pulled him from the bathtub, they reported to police that he said, “Kill me,” and, ” Leave me alone.” Berry denies saying these things.
Once at the hospital, he underwent surgery on his neck and hand. One nurse caring for Berry following his throat surgery told investigators that he had mouthed the words, “Kill me,” to her upon waking up. Berry denies this as well.
Berry’s sister visited him in the hospital on December 27th and there he gave her a note that was worded similarly to the note that was regarded to be his suicide note at the scene of the murders.
Also on December 27th, Berry spoke with a psychiatrist, Dr. Amanda Pitcher. In their session she said that he nodded to her when asked if he had tried to kill himself and that when asked about his stab wound he said that he, “Admitted to stabbing himself with the intent to end his life.”
Later, Berry would deny this as well claiming to have been referring to a previous suicide attempt in their session.
On January 3rd, he was released from the hospital and arrested by Oak Bay Police for the murder of his children.
During his trial, his defence team argued that an unknown third party had entered his apartment, killed the children and attempted to kill Berry. The crown argued that was not true and that Berry intended to kill himself after killing his two children.
In December 2019, he was sentenced to life in prison without possibility of parole for 22 years.
- Father charged in Christmas Day double homicide of Oak Bay sisters
- Oak Bay father found guilty of murdering his two daughters on Christmas Day
- Oak Bay father Andrew Berry sentenced to life in prison with parole eligibility after 22 years
Berry applied to the BC Court of Appeals in June of 2022.
His legal counsel argued that what he had said to the first responders should not be used as evidence because it could lead a jury to thinking that he was suicidal whe he still claims innocence.
Another piece of evidence was also being questioned by Berry’s legal representative such as conversations he had with Dr. Pitcher, in which he indicated he intended suicide.
The initial judge, Justice Miriam Gropper was also being scrutinized in how they conducted the trial.
Berry’s counsel was seeking a lesser charge of manslaughter for the two children because of all of these factors.
On Wednesday, November 23rd, Court of Appeals Justices Patrice Abrioux, John Hunter and Joyce DeWitt-Van Oosten released their written decision on Berry’s appeal.
Justices DeWitt-Van Oosten, Abrioux and Hunter concluded that the trial judge made no error that warrants intervention of the Court of Appeal.
Andrew Berry will remain in prison serving his life sentence for murder, without possibility of parole until 2041.