Ricky Slater-Dickson who died after being tackled following an alleged Newcastle home invasion. Picture: Supplied

But Ben Batterham, 33, will remain in prison after he failed to apply for bail on Tuesday.

He is charged with the murder of 34-year-old Ricky Slater-Dickson following an incident outside the family’s home in the suburb of Hamilton early on Saturday morning.

Batterham made no application for bail at a court hearing in Newcastle and did not appear on the audio link from the courthouse cells. The matter has now been adjourned until late May.

The case has brought strong reactions from those defending the alleged actions of Batterham with one petitioner saying he should be set free as he was protecting his family and asking if the alternative was simply to “lay down and die?”

However, the mother of Mr Slater-Dickson, who died on Sunday, said he was a “good boy” dedicated to his family.

There had been reports Mr Slater-Dickson was found near the bedroom of Batterham’s daughter.

However, the circumstances surrounding the death remain unclear with questions as to why Mr Slater-Dickson was found at the address at 3.30am and how he received injuries so serious his life support would be turned off little more than a day after the incident.

NSW Police has said officers were called to the address, in Cleary Street on the CBD’s western fringe, following reports of three men fighting. They were told Mr Slater-Dickson had broken into the home before an altercation broke out and he was detained by Batterham and another man.

Shortly after they attended the scene Mr Slater-Dickson lost consciousness and was taken to the John Hunter Hospital where he died on Sunday morning.

Ricky Slater-Dickson’s mother Beryl with her son before his life support machine was switched off following an altercation early on Saturday morning. Picture: SuppliedSource:Supplied

‘LOST THEIR FATHER’

Batterham was charged with recklessly inflicting grievous bodily harm but that charge was raised to murder after Mr Slater-Dickson passed away.

Where exactly Mr Slater-Dickson was when he was confronted and subsequently tackled to the ground may be critical. Initial reports suggested he was outside of the home peering into the bedroom window of Batterham’s child.

However, a police source told the Daily Telegraph he was discovered well inside the home.

The family of Mr Slater-Dickson, who gathered outside Newcastle Local Court on Monday, claimed he had not broken into the house at all but had gone there to attend a party.

The man’s mother, Beryl Dickson, told reporters her three grandchildren would now grow up without a father.

“They’ve lost their father, their beautiful father that they haven’t seen for years because he was in jail,” she said.

Beryl Dickson in tears outside Newcastle Local Court on Monday. Pic: Neil KeeneSource:News Corp Australia

LAY DOWN AND DIE

Ms Dickson said her son, who had served jail time for break-and-enter offences, was back on an even keel before his death. “He might have done his time but he was a good boy. He was dedicated to his family.

“Ricky was a big boy. To do that to him — there must have been three or four of them.”

By Tuesday morning, more than 8000 people had signed a series of online petitions, directed at NSW Premier Mike Baird and prosecutors, to free Batterham on the grounds he was defending his home.

“Protecting your family from an intruder is a right not a crime!” wrote Nathan Mullington whose petition has now reached almost 1000 backers. “It’s unfortunate that the bloke died but [Batterham] was doing what any father mother brother or sister would do!”

Keith O’Meara, who set up a petition which has garnered more than 7000 signatures, stated, “If you can’t legally protect yourself, your home and most importantly your family, then what are you supposed to do — lay down and die and let unspeakable things happen to your loved ones while you wait for police?”

The house in Cleary Street, Hamilton, where the alleged home invasion took place. Picture: Peter ClarkSource:News Corp Australia

REASONABLE RESPONSE

Talking to news.com.au on Monday, legal expert Sam Macedone said a person was “entitled” to defend themselves if an intruder entered their home and the resident believed they were under threat.

“If you defend yourself in a way that you believe is necessary, that’s fine — providing what you do is a reasonable response as you perceive it.”

Mr Macedone said it depended largely on what the person was thinking. The danger was if the police believed the homeowner went “overboard”, it was no longer self-defence but a criminal act.

“You have to stop when the threat abates,” Mr Macedone said.

Manslaughter usually applied if the attacker did not intend to cause the person to die. But if police believe there is a “reckless indifference to grievous bodily harm”, a murder charge is still possible.

— with AAP.