An Oak Bay man who murdered his two daughters in 2017 has failed in an appeal of the 22-years of parole ineligibility tied to his sentence.

In 2017, Andrew Berry killed his daughters Chloe, 6, and Aubrey, 4, on Christmas Day. According to the decision by Justice Elizabeth Bennett following a Dec. 6 hearing, Berry appealed his period of parole ineligibility arguing the "judge erred in characterizing his motive, did not take proper account of jury recommendations, the sentence was undermined by the fact that the consecutive sentencing regime for multiple murders is now unconstitutional, and the sentence was demonstrably unfit."

Bennett noted in a summary that she found he was at least partly motivated by spite for his ex-partner in killing the children, and she found it to be a "highly aggravating factor."

She also noted that jury recommendations are not binding and it is not possible to know what the recommendations would be if the jury was not told about the possibility of consecutive sentencing.

"The appellant did not receive a consecutive sentence. His sentence was constitutionally sound. Finally, the sentence was not demonstrably unfit given the appellant鈥檚 high degree of moral culpability, the brutal nature of the killings, and the legislative requirement to prioritize denunciation and deterrence in this case," noted the decision.

In 2019, Berry was sentenced to life imprisonment for the murders, which Bennett noted were "brutal, involving multiple stab wounds on tiny, defenceless people."