Benjamin Batterham, 35, has pleaded not guilty to murdering Ricky Slater at Hamilton in March 2016.

The Crown has argued in the Newcastle Supreme Court that Batterham went too far after chasing Slater, tackling him to the ground, putting him in a chokehold and repeatedly punching him in the head.

Prosecutors said Batterham had a legal right to pursue Slater and restrain him until police arrived but no right to attack him the way he did and exact some sort of revenge.

The defence insists Batterham never intended to kill Slater or cause him serious harm.

It says the chef was not doing anything unlawful or dangerous given the circumstances of the case when he made a citizen's arrest.

In his summary to the jury on Tuesday, Justice Desmond Fagan said Batterham was in "a riled up and angry state" and had expressed strong animosity towards Slater, but disputed threatening to kill him.

Justice Fagan said the chokehold on Slater would normally constitute an assault but jurors had to decide if it was unlawful during a citizen's arrest.

Batterham was by law permitted to use reasonable force to detain someone who had committed an offence and stop them from escaping until police arrived.

Justice Fagan said Batterham would be not guilty of assaulting Slater if the jury found he believed he was defending himself from being bitten and attacked by the burglar during the eight-minute struggle.

The 178-centimetre Slater - who was high on ice at the time, had scarring to his heart because of regular drug use, suffered liver disease and was obese - suffered a cardiac arrest following the attack by Batterham.

He was revived by paramedics but had another two cardiac arrests when in hospital and died the next day.

The jury retired to consider its verdict at 1pm on Tuesday after a two-week trial.

Australian Associated Press