The former vice-captain of a prestigious private school has walked free after beating an appeal to the punishment he received for helping his father cover up a gruesome alleged murder.
Marco Yandle was sentenced to 20 months in prison at the South n Supreme Court in July for helping his father escape apprehension or prosecution for the alleged murder of homeless man Steven Murphy on the Yandles’ Kudla property in Adelaide’s outer north in February 2023.
Marco was immediately released from custody on a suspended sentence, with Justice Judy Hughes citing time already served, Yandle’s lack of any prior criminal history and a psychologist’s report that deemed him at ‘low risk’ of reoffending as factors for her decision.
But Director of Public Prosecutions Martin Hinton KC appealed the sentence in August, calling the punishment ‘manifestly inadequate’.
Mr Hinton argued Justice Hughes had failed to properly take into account the issue of Marco’s ‘knowledge’ of the alleged murder and the connection between knowledge and a proper consideration of offending.
On Thursday, the South n Court of Appeal in Adelaide largely upheld the original sentence.
The judges bumped up Marco’s punishment from 20 months to two years and six months, but maintained the reductions available to Marco and suspended the sentence, meaning Marco walked free once more on a good behaviour bond with his matter now settled.
Speaking outside the court, defence lawyer Stephen Ey, representing Marco, said he was ‘relieved it’s all finished’.
Police are seen at the scene of the gruesome alleged murder in February 2023
At the August appeal hearing, both Mr Hinton and Marco’s defence team said Justice Hughes had committed a procedural error in her sentence, relating to her understanding of suspended sentences, but Marco’s defence argued the sentence itself was sound.
Scott Henchliffe KC, speaking for Marco, said it would be ‘unfairly vexatious’ for Marco to face resentencing because of a trial judge’s error.
Mr Henchliffe also argued that Marco’s promising personal circumstances had correctly ‘informed the sentence’, arguing Marco was ‘near the top’ in terms of mitigating factors.
‘This was an unexpected horrific episode for Mr Yandle,’ he said, adding that Marco had been ‘involuntarily dragged into it’.
Marco, 20, signed a two-year good behaviour bond in July and he is being supervised by Department of Corrections officers.
The full reasons underpinning the court’s decision to maintain Marco’s suspended sentence have not been released.
Marco’s father Keith is set to stand trial in February for the alleged murder and the judges expressed caution about influencing the outcome of the trial.
Marco was the vice-captain of Adelaide’s prestigious Trinity College (pictured in his uniform)
‘The reasons, which the court has published on a party access basis, go into some detail into the circumstances of the offending, but the court is conscious that Mr Yandle senior has not yet been tried,’ the judges said.
‘As a matter of prudence, it is probably appropriate for your office (the prosecution) and those acting for Mr Yandle senior review the reasons to see if it is necessary that there be any redactions before they are published.
‘The court is concerned not to prejudice the trial.’
Keith Yandle has pleaded not guilty to murder after initially seeking to plead guilty to the lesser charge of manslaughter.
Marco was the vice-captain of Trinity College, a private co-ed school in Gawler that charges up to $7060 a year for senior school students.