A father who allegedly caught an intruder rifling through his baby daughter's bedroom has been charged with murder after he broke the would-be burglar's neck as he tried to make a citizen's arrest.

Ben Batterham, 33, allegedly found Richard James Slater, 34, looking through his young daughter's room after the intruder broke into his home in Hamilton, a central suburb of Newcastle, on the New South Wales mid-coast, at around 3.30am on Saturday.

A fight broke out and Mr Batterham, who was assisted by an unnamed friend, is understood to have put the would-be burglar in a choke hold to detain him until police arrived, Seven News reported.

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Richard James Slater, known as Ricky, died in hospital after he was found by police with a suspected broken neck following an alleged break and enter

Ben Batterham, 33, allegedly found Richard James Slater, 34, looking through his young daughter's room after the intruder broke into his home in Hamilton on Saturday at around 3.30am

Police found Mr Slater, who was reportedly charged with a string of break and enter offences in 2012, unconscious in Mr Batterham's home with a suspected broken neck.

The 34-year-old, who is known to his family as Ricky, was rushed to John Hunter Hospital where he remained in critical condition until his family decided to turn off his life support at 11.30am on Sunday, according to NSW Police.

Mr Batterham was reportedly treated for injuries to his face at a nearby hospital and charged with recklessly inflicting grievous bodily harm.

The charges were upgraded to murder when Mr Slater's life support system was turned off, with the 33-year-old father handing himself into police on Sunday afternoon.

The 34-year-old was rushed to John Hunter Hospital where he remained in critical condition until his family decided to turn off his life support at 11.30am on Sunday

Police found Mr Slater, who was reportedly charged with a string of break and enter offences in 2012, unconscious in Mr Batterham's home with a suspected broken neck

Mr Batterham handed himself into police on Sunday following Mr Slater's death

Police allege the 33-year-old man and a 32-year-old man tackled the alleged home invader and placed him in a headlock before officers arrived

The father was denied bail by police on Monday and is expected to face a Magistrate on April 29.

The 32-year-old man who assisted Mr Batterham during the citizen's arrest has spoken to police, but was not charged.

Mr Slater's devastated family have demanded justice, claiming the 34-year-old father-of-three was 'murdered in cold blood'.

'I want my baby's killer found and brought to justice,' his mother Beryl Dickson told Seven News.

'He was my eldest baby and now I got to bury him for a reason I don't know.'

Ms Dickson said her three grandchildren have been robbed of a father, claiming that he had been on the straight and narrow since leaving prison.

Mr Slater's devastated family have demanded justice, claiming the 34-year-old father-of-three was 'murdered in cold blood' (pictured mother Beryl Slater right)

According to the Sydney Morning Herald, Mr Slater had been released from jail in December after serving 20 months for aggravated break and enter and fraud offences.

He was reportedly convicted over the ram raid of an adult store in Sandgate where cash and synthetic drugs were taken, but was acquitted on appeal.

'They've lost their father, their beautiful father that they haven't seen for years because he was in jail, which has nothing to do with this case,' Ms Dickson told ABC News.

'Just to think those little kids are going to grow up without a dad now.'

Ms Dickson said she tried to get her son to open his eyes as he lay in hospital but doctors told her Mr Slater's brain had been starved of oxygen.

'I was telling him to get up or open his eyes, and he wouldn't; I just wanted him to open his eyes and talk to me.'