He claimed that even though his wife was unable to verbally communicate with him he knew from her gestures that she wanted to die.
Justice Davison did not accept that due to Morton's lack of capability to understand.
He described Morton's actions as planned and pre-meditated and that Morton was vulnerable to exploitation.
Morton was motivated by his genuine compassion and love for his wife, Justice Davison said.
Doing a 'murder-suicide'
Desperate and unable to accept the state of his wife of 57 years, Morton attempted to kill his wife and himself on two separate occasions, one witnessed by a member of the public.
He wasn't happy with the care she was receiving and on October 8, her first night there, he removed her and walked her back to their home a short walk away.
Police were called and arrangements made for her safe return the next day.
However, prior to her being returned that morning, Morton attempted to kill himself and his wife in the car.
A recording was found by police in which he is heard telling his wife that they will both die of carbon monoxide poisoning and they are both doing a "murder-suicide".
In the recording the car engine can be heard running in the background.
Over the coming days, Morton continued to visit his wife who was now back at the facility, and his attitude toward her situation worsened.
On the afternoon of October 12, he visited his wife and asked staff if he could take her for a walk around the grounds in a wheelchair.
However, instead of taking her for a walk, he took her home and put her in their car.
In the car, Morton had tubing, rolls of duct tape and a knife with which he intended to use to end his and his wife's life.
Before they left the house, the man sent an email to a number of close friends and family overseas detailing his frustration and saying they were going to take their own lives.
Morton then drove to a location where he attempted to take his and his wife's life again.
A passing motorist saw him getting prepared and stopped his car.
After being spotted, Morton cleared his car and drove off, but not before the motorist had called police and attempted to follow him.
Morton drove to Lake Karapiro and was approached by police and taken into custody.
His wife was not injured.
Morton later told police that his wife had agreed to a suicide pact and that she was keen to end her life.
Police later found another iPad recording dated October 12 when he stated that all the events about to take place were his wife's idea.
About a week later his wife was assessed by Waikato DHB staff.
They found she lacked the capacity to understand and foresee the consequences relating to her personal care, finances, welfare and medical care.
The DHB found she had difficulty understanding information, communicating and was unable to display signs of reasoning.
She was assessed at being significantly vulnerable to exploitation, the summary of facts stated.
Where to get help:
• 0800 543 354 (0800 LIFELINE) or free text 4357 (HELP) (available 24/7)
• https://www.lifeline.org.nz/services/suicide-crisis-helpline
• YOUTHLINE: 0800 376 633
• NEED TO TALK? Free call or text 1737 (available 24/7)
• KIDSLINE: 0800 543 754 (available 24/7)
• WHATSUP: 0800 942 8787 (1pm to 11pm)
• DEPRESSION HELPLINE: 0800 111 757 or TEXT 4202
• NATIONAL ANXIETY 24 HR HELPLINE: 0800 269 4389If it is an emergency and you feel like you or someone else is at risk, call 111.
