A NEWCASTLE man remains behind bars, charged with murder, after he allegedly killed an intruder who police believe was breaking into his home.

Ben Batterham allegedly found Ricky Slater-Dickson inside the house at 3.30am on Saturday.

Mr Batterham and another man are thought to have assaulted and held the alleged burglar, putting him in a headlock as all three moved on to the street.

Mr Slater-Dixon was found unconscious and with a broken neck, police said.

He was taken by ambulance to hospital in a critical condition but would die on Sunday morning when his life support was turned off.

Mr Batterham has now been charged with murder .

His wife and child were unharmed.

Mr Slater-Dixon's family told reporters outside of court, describing the father-of-three as a "gentle giant" and calling for justice.

"He was my little baby and I got to bury him now," his mother said.

His family said he was attending a party at Mr Batterham's home, not intending to break-in.

Seven News reports Mr Slater was convicted in 2012 for a variety of break and enter charges.

Under the self-defence laws in New South Wales' Crimes act:

• A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence OR

• A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:

• to defend himself or herself or another person, or
• to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
• to protect property from unlawful taking, destruction, damage or interference, or
• to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,
• and the conduct is a reasonable response in the circumstances as he or she perceives them.