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

The destiny of an Oak Bay, B.C., man convicted of murdering his two younger daughters now sits within the palms 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 determination 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 condo 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 “go away 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 decide 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 ladies.

On the ultimate day of hearings, Crown lawyer Christie Lusk informed justices John Hunter, Patrice Abiroux and Joyce DeWitt-Van Oosten the decide’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 little one killer Andrew Berry

Enchantment listening to underway for convicted little one killer Andrew Berry

Lusk argued the trial decide made no error, and adequately outfitted jurors to contemplate Berry’s mind-set on the time of the crime.

“Bodily proof overwhelmingly established guilt for homicide,” she informed 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 ladies was stabbed greater than two dozen instances of their beds and that neither had defensive wounds was undisputed, Crown argued.

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

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

“If there was an error of legislation, entire of proof reveals 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 appropriately been knowledgeable of his proper to silence.

Berry is presently serving a life sentence with no probability of parole for 22 years.

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

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

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