A murderer who yelled "Die, c---! Die c--- sucker!" as he choked his apparently random victim to death in an unprovoked attack in Cairns has had his appeal against his conviction rejected.

Lawyers for Jake Desmond Livingstone pointed out the trial jury was told, through a damning recording of a phone conversation Livingstone had with a friend, that the then-19-year-old had been out on parole at the time of the 2015 attack.

Kiwi chef Philip Quayle was murdered in a brutal 2015 random attack in Cairns,

That admission of evidence, that Livingstone was on parole when he murdered Philip Quayle, it was argued, caused a miscarriage of justice.

The phone call went as follows: