Marco Yandle’s sentence over Kudla shed shooting of Steven Murphy was ‘manifestly inadequate’, SA Supreme Court hears

His sentence for covering up a fatal shooting in his family’s shed was “manifestly inadequate”, a court’s heard.

Former private schoolboy Marco Yandle’s sentence was suspended in error by a judge who “mischaracterised” the Kudla shed killing and “refused to view” CCTV footage of it, the state’s top prosecutor says.

Director of Public Prosecutions Martin Hinton KC has dubbed Marco’s sentence, for “secreting evidence” about the alleged murder of Steven Murphy, as “manifestly inadequate”.

In appeal papers, Mr Hinton – a former Supreme Court judge – says Justice Judy Hughes “erred” when sentencing Yandle, who admitted to his crime as part of a plea bargain with prosecutors.

“The judge erred in refusing to view the CCTV footage of the (alleged) murder that the defendant admitted, by his plea, he had knowledge of when he committed (his) offence,” he says.

“The sentence imposed was manifestly inadequate … the offending involved acts taken to secrete evidence and the telling of lies to police.

“(This occurred) where the defendant was aware of the gravity of the crime committed by the (alleged) principal offender that the judge mischaracterised.”

Marco Yandle, 20, leaves the Supreme Court with his lawyer Stephen Ey and family. Picture: NewsWire / Mark Brake

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, will stand trial next year, having pleaded guilty to manslaughter but not guilty to murder.

Marco’s admission was a result of a plea bargain with prosecutors, who dropped a charge of murder in exchange for his guilty plea to the lesser offence.

During sentencing submissions, prosecutors also conceded Marco could not be punished for what occurred in the shed, only for covering up the killing.

However, they insisted his actions remained serious enough to warrant further time in custody, arguing the period he had already served was insufficient punishment.

Justice Judy Hughes disagreed and imposed a bond, saying she was “satisfied that the need for personal deterrence is less than might be needed in other cases”.

Justice Hughes also said she had declined to view CCTV footage of events in the shed, as defence counsel had suggested she do, despite the urgings of prosecutors.

Previously, the court had heard the footage shows Keith firing three shots at Mr Murphy – two as he lay on the ground – while Marco held a baseball bat and shone a torch on the defenceless man.

In his appeal papers, Mr Hinton says Justice Hughes also erred in her application of state law.

“The judge erred in purporting to impose a partially-suspended sentence pursuant to section 96 (4) of the Sentencing Act (2017),” he says.

That legislation says partially-suspended sentences may only be imposed “if the period of imprisonment to which a defendant is liable” is “more than three months but less than 12 months”.

Marco’s sentence was 20 months and 13 days, with a 13-month non-parole period, backdated to his arrest in April 2023.

The appeal will be heard later this year.