When a Newcastle homeowner was charged with murder after defending his family from an intruder, his life was turned upside down. A jury found him not guilty. We then pursued the State for wrongful prosecution, and achieved a confidential damages settlement in his favour.
Case Summary: Wrongful Prosecution
Our client, Benjamin Batterham, was acquitted by a jury in 2019 of murder and manslaughter following the death of a home intruder at his Newcastle property. Despite medical evidence strongly supporting that the intruder’s death was caused by drug use and pre-existing heart disease, Mr Batterham had been charged and forced to stand trial. After his acquittal, and judicial criticism of the prosecution decision, we commenced civil proceedings against the State of New South Wales. The matter ultimately resolved with a confidential payout to our client, bringing a long and distressing chapter to a close.
Read our other successful criminal case studies.
Detailed Overview of Wrongful Prosecution Charge
In March 2016, Mr Batterham discovered Richard Slater breaking into his home through a bedroom window. The intruder had entered his daughter’s bedroom and stolen a handbag.
Mr Batterham acted quickly. He chased Mr Slater into the street, called police and restrained him until officers arrived. During the struggle, Mr Slater, who had methamphetamine in his system and an underlying heart condition — suffered cardiac arrests and later died in hospital.
Despite Mr Batterham maintaining that he only intended to prevent the intruder’s escape, he was charged with murder and manslaughter. The Crown alleged he had applied a headlock intending to suffocate Mr Slater.
A Supreme Court jury rejected that argument, finding Mr Batterham not guilty.
Importantly, the trial judge, Justice Desmond Fagan, was highly critical of the decision to prosecute. His Honour found:
“Mr Batterham acted lawfully and reasonably in chasing Ricky Slater when he found him intruding in his home and stealing property.”
He further stated:
“In my view, the decision to charge Mr Batterham would have been unreasonable…”
Justice for Ben Batterham
Justice Fagan granted Mr Batterham a certificate of costs, a formal recognition allowing him to seek repayment of his legal expenses from the government. His defence costs were expected to exceed $1 million.
However, the financial cost was only part of the damage. Mr Batterham endured years of stress, public scrutiny, and global media attention over what became a highly publicised case about the right to defend one’s home.
On his behalf, we filed a civil claim in the NSW Supreme Court alleging wrongful prosecution. After negotiations, the matter was resolved by agreement, with the NSW Government paying a confidential sum in damages and costs.
Our Principal Solicitor, Peter O’Brien, said at the time:
“For Ben Batterham, it has been a long and torturous process to have been charged, then to have been acquitted. To have now settled a suit against the state in relation to the manner in which he was prosecuted, that’s been a long and arduous process for him.”
This settlement finally allowed our client to move forward with his life.
The Outcome
- ✅ Full acquittal by jury on murder and manslaughter charges
- ✅ Judicial finding that the prosecution decision was “unreasonable”
- ✅ Certificate of costs granted
- ✅ Civil claim against the State successfully resolved
- ✅ Confidential financial settlement achieved
This case reinforced an important principle: prosecuting authorities must carefully exercise their discretion and avoid pursuing cases that are not supported by the evidence.
Facing Unfair Charges or Wrongful Prosecution?
If you or someone you know has been charged in circumstances where the evidence does not justify prosecution, you have rights. In some cases, you may also be entitled to recover legal costs or pursue compensation.
At O’Brien Criminal & Civil Solicitors, we act in serious criminal matters and in civil claims against the State arising from wrongful prosecution and other misconduct.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281 or email info@obriensolicitors. We can also set up a free appointment with the civil lawyers in our Sydney office.
