Despair led Donald Morley to ‘mercy killing’ of wife Jean Morley, ACT Supreme Court told

A 93-year-old murderer’s barrister has asked a court not to put the killer behind bars after he smothered his wife with a pillow, saying jail “would not be a just outcome”.

Murderer Donald Morley, left, and his victim, wife Jean Morley. Picture: Supplied

A cancer-riddled killer demonstrated “remarkable” resilience before he gave in to “despair” and murdered his elderly wife by suffocating her with a pillow, a geriatrician has told a court.

“He was quite distressed and unable to see a way through,” Professor Tuly Rosenfeld told the ACT Supreme Court on Wednesday, when Donald Morley, 93, faced a sentence hearing.

Morley appeared via audiovisual link from a mental health unit, with his head swathed in bandages, having previously pleaded guilty to the murder of his 92-year-old wife, Jean Morley.

The offence occurred in July 2023, when Morley suffocated his wife of 69 years at the British couple’s home in the Canberra suburb of Fisher.

Morley required cancer treatment in hospital at the time, but he was caring for his wife as she suffered from worsening dementia.

Jean Morley, who was murdered by her husband, Donald Morley, at their home in Canberra. Picture: Supplied

Professor Rosenfeld told the court Morley had found himself in a situation where he believed he would have to abandon his wife in order to go to hospital and properly deal with his own health issues.

The geriatrician said Morley, who is suffering from vascular disease and skin cancers that have penetrated his skull, was “a little childlike in his ability to deal with complex problems”.

Murder victim Jean Morley. Picture: Supplied

Seeing no way out of his predicament and with no close friends or relatives to turn to in Australia, Morley suffocated his wife with a pillow as she lay in bed.

He then unsuccessfully attempted suicide three times.

His offending was discovered the following day, when a nurse visited the home the couple had shared for 45 years.

Morley told the nurse he had “done a terrible thing” by suffocating his “angel”.

A police officer outside the murder scene at the home of Donald and Jean Morley in the Canberra suburb of Fisher. Picture: ACT Policing

In a suicide note subsequently discovered by police, Morley wrote that “after 69 years married, we were both afraid of the future”.

“Please don’t call this ‘murder’-suicide,” he wrote.

“Sorry to upset all our family and friends. This wasn’t easy for me, especially my darling.”

On Wednesday, Professor Rosenfeld told the court Morley was a “frail” and cognitively impaired man.

“Really, it’s remarkable that he survived for as long as he did, out there alone in this situation,” the geriatrician said.

Morley has been refused bail since his arrest, but the 93-year-old has been detained at North Canberra Hospital, in a mental health unit for older people, rather than in prison.

His barrister, Jon White SC, urged Justice David Mossop not to put Morley behind bars.

Mr White described the case as a “mercy killing” as he asked for a suspended jail sentence, which would allow Morley to “access the care he requires in a non-custodial setting”.

The defence barrister, a former ACT director of public prosecutions, acknowledged this was a “bold” request.

But Mr White noted Morley was “really at the end of his life”, with Professor Rosenfeld expecting the 93-year-old would die within the next three to six months.

Mr White added that the Morleys had been together for 76 years, having “courted” for seven years before getting married, creating “an incredible bond between those two people”.

Morley had pleaded guilty at an early stage, Mr White told the court, and felt remorse to such an extent he had imposed punishment on himself.

“Your honour should not compound a sad end to Jean Morley’s life by imprisoning her husband, who loved her so much and cared for her so carefully,” Mr White concluded.

“That would not be a just outcome.”

Prosecutor Skye Jerome urged Justice Mossop to impose “significant and actual imprisonment”, noting Morley had committed the most serious crime in the ACT.

She said Mrs Morley had not asked for her life to be ended on the night in question, and her husband had committed “a gross breach of trust” by suffocating her for about two minutes.

Ms Jerome described the killing as “a serious act of family violence”.

The prosecutor accepted there were several mitigating features, including Morley’s advanced age.

While this was a relevant sentencing consideration, Ms Jerome said it should not “overwhelm” the court.

Justice Mossop indicated he planned to hand down a sentence on April 29.

As he said this, Morley made largely indecipherable comments over the audiovisual link.

“I can’t believe this. Honestly,” he began, before his voice trailed off.