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Marist Brother sentenced to two years

By fnaah 23 June 2008 27

The ABC reports that John Kostka Chute has been sentenced to two years in jail, and a further twelve months of weekend detention, following his conviction on 19 acts of indecency.

Justice Gray noted that the sentence, which also includes a three-year good behaviour bond (presumably from the time of release), took into account Chute’s age, ill-health and remorse.

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Marist Brother sentenced to two years
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Zilog 5:50 am 16 Sep 08


Zilog 5:24 am 16 Sep 08

Hard time in prison? Are you nuts?


He’s off to spend a few months with his like-minded buddies and a few bent pigs. Probably catch up with a few fellow brothers. What a tough old time it will be…

stonefish 6:21 pm 29 Jun 08

As I’ve said elsewhere,I’m a criminal defence lawyer from Sydney, and Old Boy of a Marist Secondary College here.

I’ve read Justice Gray’s sentencing remarks a number of times, and am of the view that His Honour considered all relevant aspects (including especially the offences themselves), and has sentenced fairly.

I don’t for one second condone what Chute did, but if your DPP disgrees with what I have just said, there will be an appeal on the inadequacy of the sentence lodged shortly.

Boomacat and VicePope are IMHO correct.

Groundhog 1:14 am 26 Jun 08

VicePope – I agree with your comments #23), but suspect we might have a different – an equally valid and debatable idea – of what “recognise social abhorrence of the crime” should equate to in terms of years in jail. I also wonder if you’re not forgetting the aspect of deterrence to others? Its been a big theme in the comments on this story, and certainly deserves IMO to weigh heavily into the sentencing. I don’t think it counted at all to the judge in this case.

VicePope 1:11 pm 25 Jun 08

Boomacat – dead right. I have raved in the past about the difficulty of sentencing. Suffice it to say, it’s not a mass participation sport. The object is not to make anyone happy, and the kind of happiness that might come from the infliction of excessive misery on another person is a pretty crummy kind of happiness.

The objects are to safeguard the community, recognise social abhorrence of the crime, but also to let everyone (victims and, eventually, convicted people) get on with life.

boomacat 5:02 pm 24 Jun 08

There are also examples of first instance judges giving manifestly excessive sentences in the circumstances, which leads to a successful appeal by the prisoner, which causes untold heartache to the already aggrieved victims.

Most Judicial Officers will tell you that criminal sentencing is the most difficult thing they have to do, it’s like weighing a million contradictory factors and trying to reconcile them in some logical way.

Hopefully the civil action will prove a crushing experience for Marist Brothers and all who failed so terribly their duty of care to those vulnerable children.

BerraBoy68 3:53 pm 24 Jun 08

Lets face it, Kostka pleaded guilty not to give anybody any closure, but to save himself and the Marist Order any further humiliation. Everything he has done to date has been self serving:
1. abused boys;
2. claims he himself was abused (an excuse becoming a chestnut for these Pr*cks) despite not providing names of those that abused him;
suddenly decided he needed counselling for a sexual disorder in 2002 (AFTER his mate Lyons tops himself for admitting to kiddy fiddling);
3. Claims he advised the order he needed help in the early 1990’s (now lets see if that gets a chance to play out in court).

I know that when Kostka told me in 2001 that his cassock “hid a whoile host of sins” he was smiling like a cheshire cat. Regretful my ar*e. He only regret’s Lyons admitted anything – after that he started to understand that his getting caught was only a matter of time so he started on his Defence.

Also check out the footage of kostka going into court after first being arrested to how he was yesterday. The first footage makes him look absolutely spriteley.

I am truly sorry to those that feel justice has been done, in my opinion it hasn’t. As for the Marist Order, they placed thousands of innocent kids at risk just to save face in the community. What holy men tell parents they can either go to the police or let the Order handle this internally??? WTF!!! It’s mandatory for teachers to report sexual abuse to the authorities, not hide it.

Wot me Angry? F**k yea!

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