The son of a man accused of murdering an unarmed man has been set free by an Adelaide court on a good-behaviour bond, after he was sentenced for hiding evidence and lying to police.
Marco Yandle, 20, had pleaded guilty to covering up the alleged shooting murder of 38-year-old Steven Murphy by his father, Keith Yandle, at their Kudla property, north of Adelaide, on February 19, 2023.
In the SA Supreme Court on Tuesday, Justice Judy Hughes sentenced Yandle to two years' prison, with a non-parole period of 13 months, backdated to when he was taken into custody in April, 2023.
He had faced a murder charge until January when the charge was changed to assisting an offender.
The former Trinity College vice-captain and engineering student had faced a prison sentence of up to 10 years. He walked free from court on Tuesday after entering into a two-year, $500 good-behaviour bond.
Family and friends of Yandle and Mr Murphy wept in court as the sentence was delivered.
Previously, the court was told that CCTV had captured footage of Yandle and his father investigating noises in a shed near their house, which contained cannabis and hydroponic equipment.
Mr Murphy, who had been sleeping rough in the area to be near his children, was forced at gunpoint to empty his pockets, the court was told.
Keith Yandle, 46, has pleaded guilty to manslaughter and to burying Mr Murphy’s remains at the property, but not guilty to murder. He will stand trial next year.
Justice Hughes said she accepted Marco Yandle’s expression of regret over the lies he told police.
“But even now, you do not want to make things worse for your father,” she said.
He was not being sentenced for holding the torch when his father fired the gun, or for failing to intervene, she said.
“I am sentencing you for hiding several of Mr Murphy’s possessions and the lies you told police. You told those lies in order to protect yourself and your father from being found to be involved in killing Mr Murphy,” she said.
“I expect the manner in which your world turned upside down and the consequences that followed have already acted as a significant deterrent to future criminal offending.”
The victim impact statements left no doubt that Mr Murphy was a cherished partner, son, brother and friend, Justice Hughes said.
The statements made by Mr Murphy’s sons expressed the “unspeakable despair” and loss that they had suffered.
“And in particular, it may be expected that those boys’ loss be something you have reason to reflect most deeply on as you too navigate your relationship with your father, which will never be the same,” Justice Hughes said.
The contrition that Yandle had expressed to the Murphy family in an apology statement in court was “an important step in taking responsibility for your actions”, she said.
Justice Hughes said Yandle was not the primary offender “and it’s not alleged that your actions contributed in any material way to Mr Murphy’s death”.
“Mr Murphy’s remains were recovered within two days of the lies that you told police about your knowledge of the circumstances of his death,” she said.
