The former vice-captain of a prestigious private school has walked free after winning an appeal against the punishment he received for helping his father cover up a gruesome alleged murder.
Marco Yandle was sentenced to 20 months in prison in the South Australian Supreme Court in July for helping his father escape apprehension or prosecution for the alleged murder of homeless man Steven Murphy at the Yandles’ Kudla property in Adelaide’s outer north in February 2023.
Marco was immediately released from custody on a suspended sentence, with Judge Judy Hughes citing the time already served, Yandle’s lack of criminal history and a psychological report that deemed him a “low risk” to reoffend as factors in her decision.
But the Director of Public Prosecutions, Martin Hinton KC, appealed the sentence in August, calling the punishment “manifestly inadequate”.
Mr Hinton argued that Judge Hughes had failed to adequately consider the issue of Marco’s “knowledge” of the alleged murder and the connection between knowledge and a proper consideration of the offence.
On Thursday, the South Australian Court of Appeal in Adelaide largely upheld the original ruling.
The judges increased Marco’s punishment from 20 months to two years and six months, but kept the reductions available to Marco and suspended the sentence, meaning Marco was once again free on a good behaviour bond and his matter is now resolved.
Speaking outside court, defence lawyer Stephen Ey, who represents Marco, said he was “relieved it’s all over”.
Marco Yandle (pictured Thursday) walked free after winning an appeal against the punishment he received for helping his father cover up an alleged murder.
Police are seen at the scene of the gruesome alleged murder in February 2023.
At the appeal hearing in August, both Mr. Hinton and Marco’s defense team said Judge Hughes had made a procedural error in her sentencing, relating to her understanding of suspended sentences, but Marco’s defense argued that the sentence itself was sound.
Scott Henchliffe KC, speaking on behalf of Marco, said it would be “unfairly vexatious” for Marco to face re-sentencing because of a trial judge’s error.
Mr Henchliffe also argued that Marco’s promising personal circumstances had “correctly informed the sentence”, arguing that Marco was “near the top” in terms of mitigating factors.
“This was a horrible and unexpected episode for Mr. Yandle,” she said, adding that Marco had been “unwittingly dragged into this.”
Marco, 20, signed a two-year good conduct bond in July and is being supervised by Department of Corrections officers.
The full reasons behind the court’s decision to uphold Marco’s suspended sentence have not been made public.
Marco’s father, Keith, is due to stand trial in February for the alleged murder and judges have expressed caution about influencing the outcome of the trial.
Marco was the vice-captain of the prestigious Trinity College in Adelaide (pictured in his uniform)
“The reasons, which the court has published for the parties, partly detail the circumstances of the offence, but the court is aware that Mr Yandle Sr has not yet been tried,” the judges said.
‘As a matter of prudence, it would probably be appropriate for your office and those acting on behalf of Mr. Yandle Sr. to review the motives to see if any redactions are necessary before publishing them.
‘The court intends not to prejudice the process.’
Keith Yandle has pleaded not guilty to murder after initially attempting to plead guilty to the lesser charge of manslaughter.
Marco was vice-captain of Trinity College, a co-educational private school in Gawler that charges up to $7060 a year to seniors.
