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Markarian v The Queen

[2005] HCA 25 ; (2005) 228 CLR 357 ; (2005) 215 ALR 213 ; (2006) 228 CLR 357 ; (2005) 79 ALJR 1048 ; (2005) 229 CLR 357 ; (2005) 228 CLR 257 ; (2005) 228 CLR 377 ; [2005] 228 CLR 357 ; [2006] 228 CLR 357 ; (2005) 228 CLR 537 ; (1999) 228 CLR 357 ; (2001) 228 CLR 357 ; (2005) 202 CLR 357 ; (2005) 22 CLR 357 ; (2005) 228 CLR 35 ; (2005) 228 CLR 351 ; (2005) 228 CLR 352 ; (2005) 228 CLR 359 ; (2005) 228 CLR 372 ; (2005) 328 CLR 357 ; (2015) 228 CLR 357 ; [2005] 215 ALR 213

High Court of Australia · 2005 · Find the judgment

Cited by 2,508 indexed judgments

All Overruled or disapproved 6 Not followed 1 Doubted 6 Applied or followed 150 Cited 2,345

2005: 50 citing judgments 2006: 89 citing judgments, 2 negative 2007: 65 citing judgments 2008: 67 citing judgments 2009: 70 citing judgments 2010: 71 citing judgments 2011: 106 citing judgments, 3 negative 2012: 115 citing judgments, 1 negative 2013: 120 citing judgments, 1 negative 2014: 118 citing judgments 2015: 141 citing judgments 2016: 120 citing judgments 2017: 159 citing judgments 2018: 128 citing judgments, 1 negative 2019: 205 citing judgments 2020: 218 citing judgments, 1 negative 2021: 187 citing judgments, 1 negative 2022: 164 citing judgments, 1 negative 2023: 159 citing judgments, 1 negative 2024: 138 citing judgments, 1 negative 2025: 16 citing judgments 2026: 2 citing judgments 2005 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Khoury v R [2011] NSWCCA 118 Doubted NSW Court of Criminal Appeal · cited 140× · judgment
  2. R v Achurch [2011] NSWCCA 186 Doubted NSW Court of Criminal Appeal · cited 49× · judgment
  3. Tiknius v R [2011] NSWCCA 215 Doubted NSW Court of Criminal Appeal · cited 59× · judgment
  4. Tepania v R [2018] NSWCCA 247 Doubted NSW Court of Criminal Appeal · cited 224× · judgment
  5. Weiss v R [2020] NSWCCA 188 Doubted NSW Court of Criminal Appeal · cited 10× · judgment
  6. R v WHALEN-JOHNSON [2024] NSWDC 430 Doubted District Court of NSW · judgment

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Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

This judgment is not in the index, so the authorities it cites are not known here. It is shown because indexed judgments cite it.

How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.