When serious criminal charges are brought without proper foundation, the consequences can be devastating. Our Sydney criminal defence lawyer, Peter O’Brien, principal of O’Brien Criminal & Civil Solicitors, recently acted in one of New South Wales’ most high-profile wrongful prosecution claims. We secured a confidential damages settlement for Ben Batterham.
The case drew national and international attention, raising important questions about self-defence law in NSW, the discretion of prosecuting authorities, and a citizen’s right to protect their home.
Murder Charge After Home Invasion
In 2016, Ben Batterham discovered an intruder inside his Newcastle home. The offender had entered through a bedroom window and stolen property from his daughter’s room.
Mr Batterham chased the intruder into the street, called police and restrained him until officers arrived. The man later suffered cardiac arrests and died in hospital. Toxicology evidence showed methamphetamine in his system, along with evidence of pre-existing heart disease.
Despite this medical evidence, Ben Batterham was charged with murder and manslaughter.
The prosecution alleged he had intentionally applied a choke hold to suffocate the intruder. Ben Batterham consistently maintained he acted only to prevent the offender’s escape and had no intention to cause death.
Full Acquittal for Ben Batterham in the Supreme Court
In 2019, after a Supreme Court trial in Newcastle, a jury found Ben Batterham not guilty of both murder and manslaughter.
The presiding judge was strongly critical of the decision to prosecute. Justice Desmond Fagan stated that Mr Batterham had acted “lawfully and reasonably” when he chased and restrained the intruder.
His Honour went further, describing the decision to charge as “unreasonable,” particularly given medical evidence indicating the death was linked to drug use and underlying health conditions.
The Court granted a certificate of costs, allowing Mr Batterham to seek repayment of his legal expenses from the State — expenses that were expected to exceed $1 million.
Civil Claim for Wrongful Prosecution in NSW
Following the acquittal, Peter O’Brien and his team commenced a civil claim against the NSW Government seeking damages for wrongful prosecution.
Wrongful prosecution claims arise when a person is charged and prosecuted in circumstances where authorities should not have proceeded. These cases are complex and require careful examination of the evidence available to police and prosecutors at the time charges were laid.
After negotiations, the matter was resolved by agreement. The NSW Government paid a confidential settlement, bringing an end to what Mr O’Brien described as:
“A long and torturous process to have been charged, then to have been acquitted.”
The resolution allowed Mr Batterham to move forward after years of legal uncertainty and intense media scrutiny.
Read our other civil law case studies.
Why Ben Batterham Case Matters
This case is significant for several reasons:
- It highlights the importance of prosecutorial discretion in NSW
- It reinforces the legal principles surrounding self-defence and home invasion
- It demonstrates that individuals may pursue compensation after an unreasonable prosecution
- It shows that acquittal is not always the end, civil remedies may still be available
High-profile criminal charges can cause lasting personal, financial and reputational harm, even when a person is ultimately found not guilty. In appropriate cases, the law provides avenues to recover costs and seek compensation.
Criminal Defence and Civil Compensation: Sydney Lawyers
Peter O’Brien has extensive experience acting in:
- Serious criminal defence cases
- Supreme Court jury trials
- Self-defence matters
- Appeals and cost recovery applications
- Civil claims against the State, including wrongful prosecution
Being charged does not mean you are guilty. And being acquitted does not always undo the damage.
If you believe you have been unfairly charged, or if you have been acquitted and want advice about recovering your legal costs or pursuing a civil claim, expert legal advice is essential.
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.
