Updated
A man accused of killing a burglar who broke into his home and stole his wife's handbag has been found not guilty of murder and manslaughter.
Benjamin Batterham, 36, spent two weeks on trial in Newcastle Supreme Court over the 2016 death of Richard Slater, 34, who broke into his home and stole his wife's handbag.
Mr Batterham was charged with murder on the basis he intended to kill Slater when he performed a citizen's arrest after the burglary.
There was also a back-up charge of manslaughter as the Crown argued he acted illegally and went too far.
However today a jury found Mr Batterham not guilty of both offences.
Upon hearing the verdicts, he clasped his hands and appeared relieved.
Slater's family could be heard yelling and screaming as they left the court.
The court heard that following the burglary, Mr Batterham chased Mr Slater 330 metres down the street and a struggle ensued.
Slater bit Mr Batterham as the fight between the pair then escalated, the jury was told.
Slater had three heart attacks, lost consciousness and died in hospital after his life support was turned off.
During the trial, the Crown argued Mr Batterham choked Slater to death.
But Mr Batterham's lawyers said Slater died from organ failure as a result of his obesity, an undiagnosed heart condition and the toxic levels of the drug ice in his system.
Justice Desmond Fagan spent several hours directing the jury and told them the chokehold on Slater would normally constitute an assault but they had to decide if it was an unlawful act during a citizen's arrest.
He said Mr Batterham was permitted by law to use reasonable force to detain someone who had committed an offence and stop them from escaping until police arrived.
Justice Fagan said Mr Batterham would be not guilty if he believed he was defending himself from being bitten and attacked.
During the trial, the jury were read a letter from Mr Batterham which said he was angry at the time, but had no intention of killing Slater.
"I wanted to apprehend him and get back was stolen," the letter read.
In 2016, Slater's mother, Beryl Dickson, said it was a tragedy that his children would grow up without a father.
