A man who stabbed his estranged wife's lover to death and chopped off the man's penis has lost an appeal against his murder conviction.
Yugoslavian-born Gabor Ziha, 61, was sentenced to at least 18 years' jail in 2008 for murdering Barry Corbett with a kitchen knife as he lay asleep next to Marija Corbett in a Parramatta unit in Sydney's west in August 2006.
In November last year, Ziha sought to appeal his conviction and the severity of his sentence, lodging more than 100 pages of written submissions.
Among the grounds of appeal, Ziha argued the judge in his case should have told the jury to consider the issue of provocation.
In his written submissions, Ziha said Mr Corbett had been provocative in having his car parked outside Ziha's estranged wife's unit and that "having the lights turned off in the early hours of the night", though he might not have knowingly been so.
But Justice Robert Macfarlan rejected this complaint in a judgment handed down in the Court of Criminal Appeal on Thursday.
"I do not consider that an ordinary person ... might have been induced by Mr Corbett's conduct to lose self-control to such an extent as to have formed an intent to kill Mr Corbett," he said.
Justice Macfarlan also rejected Ziha's claims that the sentence was "manifestly excessive", describing the attack as "savage".
The court previously heard that during the attack - which occurred on the eve of the former couple's wedding anniversary - Ziha cut off Mr Corbett's penis and placed it in the bedside drawer on top of a Cosmopolitan magazine.
Ziha had previously spotted the magazine in the apartment and disapproved of it.
Justice Macfarlan said the sentencing judge was "well open" to make his findings that Ziha intended to punish Mr Corbett for "stealing another man's wife" and that he disposed of his penis to teach his estranged wife "a lesson for her adultery".