There's clearly a pretty extensive back story that we know nothing about & chances are we'll continue to know very little about what actually happened until sentencing has been handed down, namely to ensure judicial process isn't compromised. Especially given the extensive coverage/public outcry/traction thru social media ala "Free Batterham" petitions etc. It's a murky story but as with most people I'm wholly unsympathetic over Ricky Slater's death.
As Pharmaboy points out, it ultimately comes down to whether reasonable force proportionate to the crime being committed was used. Sadly it'd be very hard for police to deduce that Batterham's actions were indeed reasonable & proportionate, & without 'intent', particularly in light of Batterham's 000 transcript where the operator clearly hears Batterham screaming "I'm going to fucking kill you"- Slater was then found unresponsive & no longer on Batterham's property (if that detail is indeed true). Doesn't bode well, regardless of how many of us believe we'd react in an understandably similar fashion had we been in that same situation. It's a situation we all fear & it genuinely can happen to anyone.
Back in 05 I'd moved into a share house in Abbotsford with a couple of girls who had already been in the place a few months. I worked a 9-5 but both the girls worked late nights in the hospitality industry so it wasn't uncommon to hear either of them coming in the door late at night. Long story short, circa 2am on a typical mid-summer night I was woken to the sound of banging & a muted female groan coming from the end of the house. Initially I thought I was hearing things, or that one of the girls had come home with someone & were simply having a good time so I proceeded to try & drift back off to sleep. Barely a couple of minutes had passed before the muted voice was then a curdling scream of "Help me!". I launched out of bed, grabbed the nearest weighted thing I could find (my telescopic monopod for my camera) & ran down the hallway to the back of the house where the girls' rooms were. By this stage I could clearly tell that someone was in Kate's room & things were far from ok. I barged my way through her door to find a guy knee-riding her (mounted on top of her, both his knees on her shoulders straddling her chest), her dressing gown partially across her face & his hands around her throat choking her. The piece of shit had pried off the fly screen on Kate's open window & crawled into her room then smothered her face with the dressing gown with the clear intention of raping her. Clearly wired up on something & considerably larger than me (& I'm not the smallest of dudes) the guy was oblivious to me having careened through door. I saw red (no, not the words I used in my statement) & Babe Ruthed the bastard in the side of the head with the monopod with ample force to turn his lights out & leave him slumped on the floor unconscious & bleeding. 000 was called immediately while I bound him with the sash from Kate's dressing gown & bagged his head with one of her pillow case (she may or may not have stomped him several times thereafter). Within minutes (the only bonus of living in what was then a bit of an inner-Melb hotspot) we had police & ambulance officers on our doorstep. Now while it's all good & well that Kate was ok, what I wasn't prepared for was the level of scrutiny my actions would receive. Right down to whether or not I'd verbally stated my presence to the perp upon entering Kate's room. I was interviewed 3-times by police within as many days, forced to repeat my account of events leading up to the police's arrival. Likewise I was asked to rationalise my actions in terms of why I'd bound & bagged the bastard (my account being that he was clearly under the influence of drugs, sizable, unpredictable & violent, & my primary concern at the time being for Kate's safety therefore tying the offender up until police arrived was my only way to be able to ensure both our safety while I tended to her; likewise that I'd bagged him with a pillow case "for fear" of me being recognised on the streets at a later date by the POS- which wasn't untrue, though done primarily to create an equivalent level of fear in the POS once he woke up). The police were personally very sympathetic to what they even described as a lucky & 'natural' outcome, however I was advised almost a week later, once the offender had been remanded in custody for sentencing (was refused bail, was known to police, was already on parole & had an extensive criminal record), that the scumbag's defense team wanted the case /charge down-graded to Break & Enter, & instead me pursued for false imprisonment, deprivation of liberty & common assault causing grievous bodily harm. It was a horrible protracted affair that dragged on for 6-8wks & left me bewildered as to how I could possibly be pursued given the chain of events. All I'll say is thank goodness Victoria Police & the attending officers were incredibly supportive with their statements & the court saw fit to uphold the prosecution's request to have the POS put away- I believe he was sentenced to 7yrs. Either way, we all moved out of the house soon after. And Kate's never really been the same since. Would I do it again? It's hard not to think that, knowing what I now know, I'd be a little more measured if it happened again, but then that's an easy thing to say when you're not in the thick of what feels like a pretty life & death moment involving someone you care about. And had Kate been my daughter, well I couldn't honestly say what my reaction would've been. Either way having your home, family or persons violated in a similar fashion is not something anyone should have to go through. Ultimately, while there are indeed people on this Earth who don't deserve to breathe/deserve to die, I don't believe that any one of us has the 'right' to kill, unless it's an EXTREME case & the actions are proportionate in order to protect one's self/family from what is a clear & apparent risk to their lives.
I empathise with Batterham & I certainly don't envy the police on the case. And if any of you are faced with a similar situation, just be very, very careful & appreciate that your actions will be scrutinised on a level the same as that faced by the 'criminal' themselves.