A notice of appeal has been filed for Andrew Berry, the Oak Bay father convicted for the murders of his daughters Chloe Berry, 6, and her sister Aubrey, 4.
Berry’s lawyer Kevin McCullough confirmed a “detailed appeal” was filed immediately after his client was sentenced Thursday morning. In September, Berry was convicted on two counts of second-degree murder in the stabbing deaths of his daughters, whose bodies were discovered on Christmas Day in 2017.
With the conviction, Berry received an automatic life sentence, but a three-day sentencing hearing was held to determine how long he would serve before he could apply for parole. On Thursday morning, Justice Miriam Gropper decided Berry would serve 22 years before he was eligible for parole.
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.
In laying out the facts of the case, Gropper, echoed Crown counsel, calling the alternate narrative presented by Berry and his lawyers “completely fabricated” and “self-serving.”
During victim impact statements read to the court, family, friends, first responders and community members described the utter loss and devastation felt since the little girls were murdered.
Mother Sarah Cotton told the court there is nothing she can say to articulate the depth of her grief and loss, saying the experience has been “a nightmare I can never wake up from.”
“Chloe and Aubrey were such good human beings,” she said. “Their hearts were so pure – they were so full of love for their family and friends and they were loved by all of them.”
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