Prosecutors to appeal Marco Yandle’s suspended sentence for covering up killing at Kudla property

He was given a suspended sentence for covering up a killing at his family’s Kudla property, but prosecutors want to see this ex-private schoolboy back behind bars.

A former private school captain who received a suspended sentence for covering up the killing of a man on his family’s property could be back behind bars if prosecutors can successfully appeal his sentence.

On Monday morning, prosecutors sought to appeal Marco Yandle’s suspended jail term after he pleaded guilty to assisting his father in the aftermath of the killing of an innocent man.

Marco, 20, was given a suspended jail sentence after spending 15 months behind bars for his conduct after the death of Steven Murphy.

He 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.

Marco Yandle, 20, leaves the Supreme Court with his lawyer Stephen Ey after the sentencing last month. Picture: NewsWire / Mark Brake

Steven Murphy was killed at the Yandle’s property in Kudla last April. Picture: Supplied

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.

He was sentenced to one year and eight months in custody, which was suspended as Marco had served his one year, one month non-parole period.

In the Court of Criminal Appeal on Monday, Scott Henchcliffe KC, for Marco, said the appeal sought to return his client to custody.

“I note the director filed the notice within time, asked for it to be called on as quickly as possible and is seeking a listing date as soon as possible, given the exigencies of the orders that are being sought that would, in effect, return the responded to custody,” he said.

It is expected the Director of Public Prosecutions Martin Hinton KC will argue the appeal himself.

Justice Sam Doyle will hear arguments for the appeal application later this month.

Keith Yandle will face trial next year. Picture: 7NEWS

A successful appeal could see Marco returned to custody. Picture: 7NEWS Adelaide

In his sentencing last month, Justice Judy Hughes said Marco could not be sentenced for Mr Murphy’s death, but only for his actions after.

“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.”

During the sentencing, close friends and family of Mr Murphy wept in court, with his former partner Danielle heard saying “bullsh*t”.

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.

Last month, Marco wept as Mr Murphy’s family denounced his cowardice in court, saying he could have saved the man’s life or alerted them to his fate, and chose to do neither.

Mr Murphy’s partner told Marco he was “pathetic”.

“I hope you rot in prison, you piece of sh*t … do the crime, do the time,” she said during the sentencing hearing.