On an appeal against a summary adjudication of contempt in Victoria, the Queen is the proper respondent, not the court in which the contempt was committed. A sentencing judge's assessment that the prosecution case has been substantially weakened by a witness's refusal to give evidence is a relevant consideration in sentencing for contempt, not an irrelevant one. In non-urgent cases of contempt for refusal to give evidence, the preferable course is to proceed under the County Court Civil Procedure Rules rather than exercising the summary contempt power.
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