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.

Key points: Benjamin Batterham apprehended Richard Slater after he broke into his Newcastle home in 2016

Benjamin Batterham apprehended Richard Slater after he broke into his Newcastle home in 2016 The Crown claimed Mr Batterham choked Mr Slater to death

The Crown claimed Mr Batterham choked Mr Slater to death Mr Batterham's lawyers claimed Mr Slater died from organ failure, and toxic levels of the drug ice in his system

Benjamin Batterham, 36, spent two weeks on trial in Newcastle Supreme Court over the 2016 death of 34-year-old Richard Slater.

Mr Batterham was charged with murder on the basis he intended to kill Mr 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 a jury found Mr Batterham not guilty of both offences.

Upon hearing the verdicts, he clasped his hands and appeared relieved.

Mr Slater's family could be heard yelling and screaming as they left the court.

Slater's mother Beryl Dixon (right) was distressed after the verdict. ( AAP: Darren Pateman )

The court heard that following the burglary, Mr Batterham chased Mr Slater 330 metres down the street and a struggle ensued.

Mr Slater bit Mr Batterham as the fight between the pair then escalated, the jury was told.

Mr Slater had three heart attacks, lost consciousness and died in hospital after his life support was turned off.

Richard Slater died in hospital after his life support was turned off. ( Supplied )

During the trial, the Crown argued Mr Batterham choked Mr Slater to death.

But Mr Batterham's lawyers said Mr 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 Mr 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.

Benjamin Batterham was home alone when Richard Slater broke in. ( ABC News: Giselle Wakatama )

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 Mr Slater.

"I wanted to apprehend him and get back what was stolen," the letter read.

The jury were also played a call made by Mr Batterham to police in which he said he was a "little bit intoxicated" as he tried to find Mr Slater on the street.

A witness to the struggle, retired policeman Peter Mahon, told the court he was worried Mr Slater would die if Mr Batterham did not get off him.

Outside court Mr Slater's mother Beryl Dickson said it was a tragedy that his children would grow up without a father.