Marco Yandle’s sentence extended for covering up killing of Steven Murphy in Kudla shed
The former private school vice-captain who covered up his father’s alleged murder of a man in their Kudla shed has had his sentence extended on appeal.
Police & Courts
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The former private school vice-captain who covered up the Kudla shed killing of a defenceless man has had his sentence increased on appeal – but still will not see the inside of a jail cell again.
On Thursday, Marco Anthony Yandle showed no visible reaction as the Court of Appeal ruled on a challenge to his good behaviour bond over the death of Steven Murphy.
In a unanimous decision, the court increased Marco’s sentence to two and half years, but then reduced that to 10 months and 19 days.
That reduction, the court said, was in recognition of Marco’s guilty plea and that time he served in custody between arrest and sentencing.
The court then ruled Marco’s new sentence could be suspended on condition of a two-year good behaviour bond.
He was originally sentenced to 20 months and 13 days, with a 13-month non-parole period, backdated to Marco’s arrest in April 2023.
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 Yandle, 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.
In July, Supreme Court Justice Judy Hughes originally sentenced Marco to 20 months and 13 days, with a 13-month non-parole period, backdated to his April 2023 arrest.
She then suspended Marco’s prison term, saying he had served enough time for his offending.
She noted he could not legally be sentenced for anything that happened in the shed, and that she had not watched CCTV footage of those events.
Prosecutors challenged that decision, saying Marco shone a torch on Mr Murphy while Keith killed him with multiple shots, including two as he lay on the floor of their shed.
Justice Hughes had erred, they claimed, by “mischaracterising” his crime, and by suspending his sentence in a manner not permitted by state legislation.
On Thursday, Court of Appeal president Mark Livesey said the court’s decision was based on the legislative error made in Marco’s original sentencing.
He said the terms of Marco’s bond would remain identical to the one he was originally given.
President Livesey said the court would not be releasing its reasons for judgment publicly yet, as they canvassed the circumstances of the crime in great detail.
He said it would not be appropriate to publish those reasons with Keith yet to stand trial.
Prosecution and defence counsel for Keith will be consulted on possible redactions before the judgment is published.
Marco did not comment as he left court, however his lawyer, Stephen Ey, said his client was relieved the matter had concluded.