A contempt under s 49(1)(b) of the Major Crime (Investigative Powers) Act 2004 (Vic) for 'refusing to be sworn' is established where the witness refuses to take an oath or make an affirmation when required by the Chief Examiner under s 36(2)(a); there is no additional requirement that the oath be administered or attempted to be administered, nor that the terms of the prescribed oath or affirmation be recited to the witness. Deterrence and punishment are critical factors in sentencing for contempt under s 49, and a sentence of eight months' imprisonment was upheld where the contemnor adhered to a 'code of silence' and had a relevant prior conviction.
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