Proof ‘overwhelmingly’ proved homicide, Crown tells Andrew Berry enchantment listening to |

Evidence ‘overwhelmingly’ proved murder, Crown tells Andrew Berry appeal hearing  |

2022-06-24 06:34:56

The destiny of an Oak Bay, B.C., man convicted of murdering his two younger daughters now sits within the fingers of a three-judge panel.

Arguments in an enchantment listening to for Andrew Berry wrapped on the B.C. Supreme Court docket in Vancouver on Thursday, with the judges reserving their choice till an unknown date.

A jury discovered Berry responsible on two counts of second-degree homicide for fatally stabbing four-year-old Aubrey and six-year-old Chloe Berry to demise in his house on Christmas Day 2017.

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Convicted double-child killer Andrew Berry’s rights not violated, Crown argues

Berry’s trial heard that he had stated “depart me alone” and “kill me” when discovered with suspected self-inflected stab wounds in his bathtub.

All through hearings this week, Berry’s lawyer Tim Russell has raised a number of alleged deficiencies in his consumer’s trial, together with the declare the trial choose erred in how she instructed the jury on the way it ought to weight a possible manslaughter conviction.

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Russell had argued that there was proof of motive for Berry to aim suicide however that there was no motive for him to kill the women.

On the ultimate day of hearings, Crown lawyer Christie Lusk advised justices John Hunter, Patrice Abiroux and Joyce DeWitt-Van Oosten the choose’s directions to the jury weren’t grounds for a brand new trial.

Click to play video: 'Appeal hearing underway for convicted child killer Andrew Berry'

Enchantment listening to underway for convicted youngster killer Andrew Berry

Enchantment listening to underway for convicted youngster killer Andrew Berry

Lusk argued the trial choose made no error, and adequately geared up jurors to contemplate Berry’s frame of mind on the time of the crime.

“Bodily proof overwhelmingly established guilt for homicide,” she advised the court docket, including, “there was no air of actuality to manslaughter” and that, “the jury would have inevitably discovered intent.”

Proof that every of the women was stabbed greater than two dozen occasions of their beds and that neither had defensive wounds was undisputed, Crown argued.

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Learn extra:

B.C. court docket hears enchantment for convicted double child-killer Andrew Berry

The one DNA discovered on the scene belonged to Berry and the women.

“If there was an error of regulation, entire of proof exhibits defendant’s guilt,” Lusk argued.

Earlier within the four-day listening to, the 2 sides had sparred over whether or not statements Berry made to firefighters, paramedics and health-care staff ought to have been accepted at trial and whether or not he had accurately been knowledgeable of his proper to silence.

Berry is at the moment serving a life sentence with no probability of parole for 22 years.

At trial, prosecutors had argued he killed the women after hitting all-time low over a playing habit that left him unable to pay his payments, and concern of shedding custody of the women to his ex-partner.

The jury rejected defence’s argument that the women had really been killed by somebody working for a mortgage shark to whom Berry owed a big sum.

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