A Prospect man who stomped his friend to death after a night of drinking should have his murder conviction overturned because of a history of mental health and substance abuse issues, a court has heard.
Anthony Colin Finnegan is serving 21-years' jail for the 2016 murder of Peter Fitzgerald.
He appealed against his murder conviction, on the ground the verdict was unreasonable and unsupported, and his sentence, on the ground it was manifestly excessive, before the Court of Criminal Appeal in Hobart on Friday.
When defending himself in an appeal hearing in March, Finnegan told the court he should have been convicted of manslaughter instead of murder.
Finnegan's lawyer Mai Truong said on Friday Finnegan's trial counsel failed to provide the court with a psychiatric report.
Ms Truong said her client suffered from trauma, depression and anxiety and at the time of the murder he was under the influence of alcohol and drugs.
"Because of his mental health situation ... it plays a part in his understanding to his actions at the time [of the murder]," Ms Truong said.
"It forms the crux of his unduly and horrible behaviour which led to this incident."
Ms Truong made an application to supply the court with a report by Finnegan's psychologist after the hearing.
"It's not that I'm trying to be lazy or trying to omit evidence ... I just don't have it," Ms Truong said.
Chief Justice Alan Blow refused the application.
"We're not persuaded the evidence would have any chance of making a difference to the outcome of the appeal," Chief Justice Blow said.
Ms Truong argued her client's sentence was manifestly excessive because alleged accomplices in the murder were not charged for the crime and should have been.
"The appellant could not have dragged the body from one room to another while physically disabled [with a broken leg] ... he could not have done it alone," Ms Truong said.
"A dead body is heavier than a live one.
"The other people played a more significant role in the death of the victim than the appellant.
"If [Finnegan] was drunk and swaying around, and had tried to kick the deceased, I could say there would be a high probability he would fall down."
Chief Justice Blow told Ms Truong her attempt to file an amended notice of appeal one hour before the hearing was unsatisfactory.
"This appeal has been listed for months," Chief Justice Blow said.
"These submissions arrived at 9.15am. 42 pages of them.
"It is not satisfactory such a large document should be dropped on us or your opposition so late."
Due to a time constraint on the court, Crown counsel Jackie Hartnett did not make submissions and the matter was adjourned until 2020.