The requirement for proof beyond reasonable doubt in contempt proceedings extends to aggravating features relevant to penalty, including contumaciousness. Contumaciousness (deliberate defiance) may be inferred from circumstances including close temporal proximity between the giving of undertakings and the breach, the clarity of the undertaking, the absence of excuse or apology, and failure to take corrective steps. In Victoria, following McGoldrick v R, summary contempt for false swearing in affidavits requires a specific finding of an evinced intention to leave a question unanswered.
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