Sydney jealous lover conviction quashed

A Sydney man convicted of murdering his girlfriend's lover after finding them naked in bed together will face a new trial after having his conviction quashed.

Roy Tabalbag was last year convicted of the stabbing murder of Amin Sthapit, 30, in the Darling Point unit he shared with long-term girlfriend Geecy Rebucas in November, 2013.

He had always admitted inflicting Mr Sthapit's fatal wounds.

But his plea of guilty to manslaughter by reason of provocation was refused and he was eventually convicted of murder by a 10-1 majority verdict.

Court of Criminal Appeal judges on Wednesday found the sentencing judge, Justice Michael Adams, did not have the appropriate power when he directed the jury they could return a majority verdict, and the trial had not been conducted according to law.

They ordered a new trial and quashed the conviction, for which Tabalbag was sentenced to at least 12 years behind bars.

Mr Sthapit had been having an affair with Ms Rebucas for months before the killing.

Tabalbag's trial heard he used a phone app to locate Ms Rebucas' phone in their apartment on the morning of the killing.

During deliberations a jury member, who said he could not make decisions because of "his religion of Buddhism", was discharged after it was discovered he had difficulty understanding English.

The crown had tried to argue the judge had failed to adequately address the seriousness of the offence and had imposed a "plainly unjust" sentence.

The court did not consider the crown's appeal case.