He was sentenced to life after the court found that he followed a seven-year-old girl to the bathroom of a Dros restaurant in Pretoria and raped her in September 2018.
Convicted child rapist Nicholas Ninow has approached the Gauteng High Court in Pretoria for leave to appeal his rape conviction and sentence, arguing that Judge Mokhine Mosopa erred in finding that the crime was premeditated.
Asking for leave to appeal the conviction, Alberts said that they weren’t appealing the entire conviction – only the finding that Ninow’s actions were premeditated. “The only reasonable inference the court can draw is that the accused saw the victim playing in the play area, saw her going to the bathroom, followed her and then undressed and raped her,” Mosopa found.
Turning to the sentence, Alberts told the court that Mosopa had misdirected himself by not finding that substantial and compelling circumstances existed, justifying a deviation from the prescribed minimum sentence of life imprisonment for the rape.He said evidence that Ninow was a broken man and a drug addict, as well as testimony about his upbringing was not given sufficient consideration.
Ninow was sentenced to life in prison for rape, five years for defeating the ends of justice and five years for the unlawful possession of an illegal substance. Mosopa said all the sentences would run concurrently according to the Act, irrelevant of his judgment.
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