Marco Yandle walks from court on suspended sentenced for role in death of Steven Murphy at Kudla home
An ex-private school vice-captain who covered up his dad’s killing of a defenceless man in their shed has walked from court with a suspended sentence, sparking anger and overflowing emotion.
Police & Courts
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The young man who covered up the killing of innocent, defenceless man Steven Murphy has been given a suspended sentence, with a judge saying he has already served enough time for his crime.
On Tuesday, the family and friends of Marco Anthony Yandle wept with relief as the Supreme Court released the former Trinity College vice-captain on a two-year, $500 good behaviour bond.
As Justice Judy Hughes announced the penalty – stressing Marco could be sentenced only for lying to police, not for failing to stop his father Keith’s fatal actions – Mr Murphy’s friends and family also wept.
His partner, Danielle Rogers, said “bullshit”, and later left the court precinct in distress.
Tense scenes followed after Marco was released from the dock – his first moments of freedom in 15 months, two weeks and four days.
His mother could be heard sobbing as she embraced her son, while other members of their family left the courtroom swearing at and making threats towards reporters.
Outside court, Marco was visibly emotional as his lawyer, Stephen Ey, led him to a waiting car – he did not speak, but Mr Ey said his client was “relieved”.
Close friends of Mr Murphy, meanwhile, said they felt the sentence was “bitterly disappointing”.
However, they accepted it could “not be longer” because of the plea bargain struck, between Marco’s defence counsel and prosecutors, that saw a murder charge dropped.
Marco, 20, pleaded guilty to having assisted in Mr Murphy’s alleged murder, in April 2023, in Kudla, by hiding his personal items and lying to police.
His father Keith, 46, has pleaded guilty to manslaughter and to burying Mr Murphy’s remains in a 15m pit, but not guilty to murder, and will stand trial next year.
Previously, the court heard CCTV captured Marco shining a torch on Mr Murphy while his father killed him with multiple shots, including two as he lay on the floor of their shed.
However, he cannot be sentenced for any actions he took – or failed to take – during the shooting, as the plea accepted by prosecutors deals only with his post-shooting conduct.
Earlier this month, Marco wept as Mr Murphy’s family denounced his cowardice, saying he could have saved the man’s life or alerted them to his fate, and chose to do neither.
In sentencing on Tuesday, Justice Hughes said the Yandles’ shed contained cannabis and hydroponic equipment – but Marco “was unaware” of that at the time.
She said she had not watched the CCTV footage of Mr Murphy’s death because it did not form part of the factual basis for Marco’s plea, nor his sentence.
She also said his sentence would not account for Mr Murphy’s wallet being found “on a nearby road” in what might have been an attempt to “divert attention” from the Yandles.
“You are only being sentenced in respect of the charge to which you’ve pleaded guilty and on the facts agreed (by prosecution and defence),” she said.
“I’m not sentencing you in respect of the actions you took on the night – or holding the torch while your father fired the shots – nor for failing to intervene.
“I’m sentencing you for hiding several items and for lying to police.”
The purpose of those lies, she said, was to ensure “justice would not be done”, but noted Mr Murphy’s body was found within 48 hours of Marco’s police interview.
That, she said, made Marco’s crime “a lesser example” of the offence despite its “devastating” consequences for Mr Murphy’s friends, family and especially sons.
Justice Hughes encouraged Marco to “reflect” on how difficult their lives had become as he considered his own relationship with Keith which would “never be the same”.
“You knew it was wrong to lie, but you could not bring yourself to betray your father … he had been your mentor as a child,” she said.
“You were in shock, you wanted it all to go away … that shock turned to distress and disgust toward your father, but you did not want to make things worse for him.
“You say you regret lying and I accept that … your referees describe you as intelligent, resilient and mature, respectful, hardworking and a leader.
“I’m satisfied that the need for personal deterrence is less than might be needed in other cases.
“I expect the manner in which your world turned upside down (that night) and the consequences that followed have already acted as a significant deterrence to future criminal offending.”
Justice Hughes imposed a 20-month and 13-day sentence with a 13-month non-parole period, backdated to Marco’s arrest in April 2023.
She said that would have seen him eligible for parole on December 17 last year and so suspended his remaining sentence on condition of the bond.