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Vic McDonald's killer wants to appeal

AAP logoAAP 26/09/2016 Genevieve Gannon

An ex-banker who killed a Melbourne University student in an unprovoked six-second attack outside a McDonald's restaurant wants to appeal his murder conviction and sentence.

Kyle Sirous Zandipour has filed an application to challenge the jury finding that he deliberately killed Joshua Hardy, 21, by kicking and stomping on him in October 2014.

Zandipour claims there has been a miscarriage of justice.

He claims the jury should have found there was reasonable doubt as to whether he meant to cause death or serious injury to Mr Hardy, according to Supreme Court documents.

Zandipour also says the judge did not properly instruct the jury, and they received an incomplete transcript of the judge's charge before they retired to consider the verdict.

He filed the papers while serving a 20-year jail sentence in Port Phillip Prison.

The verdict Zandipour wants to appeal was reached following a second trial after the first jury was unable to come to a unanimous verdict.

Zandipour had claimed he was acting in self-defence when he became violent towards Mr Hardy.

The two crossed paths at the St Kilda Road McDonald's on October 18.

Mr Hardy, who had been at a valedictory dinner and then a birthday party, had lost his phone and his wallet.

Zandipour and his friend Matthew Bell had been playing video games at Zandipour's St Kilda Road apartment when they decided to get some food.

Mr Hardy asked to use Mr Bell's phone.

He was unsteady on his feet and slurring his words, but not aggressive or especially intimidating, Justice Karin Emerton said when jailing Zandipour.

Mr Bell pushed Mr Hardy, causing him to stagger, but not fall.

Zandipour then slung Mr Hardy to the ground head-first with great force and inflicted forceful kicks to his head and neck.

While Mr Hardy was lying face-down on the footpath Zandipour stomped on his head and stomach.

CCTV footage shows the attack lasted six seconds.

Mr Hardy was taken to hospital where he was pronounced dead two hours later.

Zandipour was ordered to serve at least 16 years before he is eligible for parole.

The Court of Appeal will hear his application to appeal both his conviction and jail sentence.

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