An elderly man who suffocated his long-term partner with a pillow will likely spend the rest of his life behind bars.
Donald Morley, 93, was sentenced on Monday to nine years in prison, with a non-parole period of four and a half years, for the death of his wife of 69 years, Jean, 92, at their Canberra home in July. 2023.
The sentencing comes four months after Morley pleaded guilty to murdering his wife.
His lawyer Jon White SC told the court the act was a “mercy killing” due to Mrs Morley’s worsening dementia and his client’s deteriorating health.
But ACT Supreme Court Justice David Mossop rejected the claim when he handed down the sentence on Monday.
“Murder is still murder, regardless of the age or illness of the victim or perpetrator,” he said.
“Murder is the most serious denial of individual autonomy.”
Donald Morley, 93 (pictured with his wife Jean, 92) has been sentenced to nine years in prison for killing his wife in July 2023. He had attempted suicide earlier that night and his note said he had ” fear of the future.” ‘
Jean Morley’s dementia had worsened and he no longer remembered how to dress for bed or use appliances such as the television or microwave. Mrs. Morley, pictured here, did not like being separated from her husband and she complained to her if he left her to go on dates.
The judge told how Morley suffocated his wife after they were out with friends during a day in July 2023.
They were not amused, which Morley took as a sign that they had “reached the end,” he reported. The Daily Telegraph.
The couple had no children and the judge said they were known as a loving couple who “did everything together.”
“The offender always used to call Jean ‘my darling’,” Judge Mossop told the court.
The couple’s health had declined rapidly in recent years, and the judge noted Morley’s own problems, which included skin cancer penetrating his skull.
Morley was hesitant to receive hospital treatment because he was worried about leaving Jean alone.
His wife’s dementia had worsened to the point that she could no longer remember how to dress herself or how to use everyday appliances such as the television or microwave.
Mrs Morley would also complain if her husband left her alone, the court heard.
While the Morleys had talked about voluntary euthanasia, they had never made a suicide pact, the court heard.
Judge Mossop stressed that Jean had not asked to be killed when her husband decided her only option was death.
Jean Morley, 92, was suffocated with a pillow by her husband in July 2023
On July 29, 2023, Morley waited until his wife went to bed and around 9 p.m. smothered her with a pillow for about two minutes.
The court heard Mrs Morley “struggled a little” as her right arm moved up and down.
Then her husband stayed awake next to her and attempted suicide without success.
A nurse visited the couple’s home the next morning after Morley did not respond to her messages.
When he arrived, a distraught Morley told him he had done “a terrible thing.”
Police later found a suicide note in which Morley apologized and said he had been “afraid of the future.”
“Please do not call this a murder-suicide,” the note said.
‘After 69 years of marriage, we were both afraid of the future, we are sorry to upset all the family and friends.
“This was not easy for me or my love.”
Pictured: The couple’s home in the Canberra suburb of Fisher, where a nurse found Jean Morley’s body the day after her murder. The couple met when they were 16, married seven years later and moved to Australia when they were 40. They had no children.
Judge Mossop told the court it was unfortunate that the couple did not have younger people in their lives, such as children, to help them with their challenges.
Although the judge found that the murder was not motivated by malice, he said it had been “a serious breach of trust”.
Morley has been in custody since his arrest and watched the sentencing via video link from a Canberra hospice, where he is receiving palliative care.
He is expected to die within six months due to his “serious state of health.”
“It may be that you simply remain in hospital or hospice until you die,” Judge Mossop said.
Neighbor Judy Jones knew the Morleys for 40 years.
‘They were devoted to each other. I mean, they had their happy moments, but they were dedicated to each other,” he told A Current Affair.
“I think, as far as I’m concerned, it’s just a mercy killing.”
‘He did it out of compassion. I do not hate. He loved her very much.’
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