A 33-year-old man has been charged after an alleged burglar died in hospital at Newcastle north of Sydney.
Police officers from Newcastle found 34-year-old man, Ricky Slater, being detained by two men in the early hours of Saturday at Hamilton.
The man had allegedly broken into one of men’s houses when he and his young family were inside.
He was taken to John Hunter Hospital where he was in a critical condition, police say. However yesterday the man’s life support system was turned off.
One of the men detaining him, 33-year-old, Benjamin Batterham also taken to hospital to be treated for facial injuries.
He was then taken to Newcastle Police Station where he was charged with recklessly inflicting grievous bodily harm. However, after the alleged burglar’s life support system was turned off, his charge was upgraded to murder.
He was granted bail to appear at Newcastle Local Court next month.
The third man was not charged.
Mr Slater was known to police and was released from jail in December after successfully appealing against a four-year jail term for aggravated break and enter and fraud offences.
He had served more than 20 months before the Court of Criminal Appeal ruled his convictions should be turned over due to errors made by the trial judge.
Mr Slater had been convicted of a ram raid at Sandgate adult store Nauti & Nice in November, 2012, in which cash and a quantity of synthetic drugs were stolen.