AS IT HAPPENED | Dros rapist Nicholas Ninow sentenced to life for rape, 5 years for possession of drugs

2019-10-17 14:00

Convicted child rapist Nicholas Ninow has been sentenced to life in the Gauteng High Court in Pretoria.


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Last Updated at 11:41
17 Oct 15:59
Ninow has been led down to the holding cell.

17 Oct 15:47

Mosopa sentences Ninow to five years in prison for the possession of drugs, and five years for defeating the administration of justice. Mosopa orders that the sentence in count three will run concurrently with the sentence in count one which is life imprisonment.

Ninow's full sentence is life imprisonment and five years.

Mosopa says that Ninow's particulars be included in the sexual offenders list. The effect of this order is that in future Ninow may not be employed in the environment that involves children.

17 Oct 15:41
Mosopa sentences Ninow to life in prison for the rape of a child.

17 Oct 15:32
Mosopa is now detailing Alberts' arguments on why there should be deviation from the minimum prescribed sentence.

17 Oct 15:31

17 Oct 15:30

17 Oct 15:16
Judge Mosopa has returned to court, and is busy summarising pre-sentencing evidence. Mosopa is currently summarising all the testimony that has been heard over the last two days.

17 Oct 13:34


17 Oct 12:08
Mosopa has adjourned until 14:00 to consider the arguments.

17 Oct 12:07
Ngobeni concludes her arguments, saying that the court should not deviate from the minimum prescribed sentence. Ngobeni argues that there is no remorse from the perpetrator. 

17 Oct 11:58
Ngobeni says the court should not deviate from the fact that it was a planned rape.

17 Oct 11:52
Ngobeni says the trauma has been deeply embedded in the victims mind to the extent that it will haunt her forever. Ngobeni says the court should not deviate from the minimum prescribed sentence, given the impact of the offence on the victim.

17 Oct 11:48
Ngobeni says that its not only the victim that suffered, but the family of the victim as well. They feel helpless that they cant help the victim.

17 Oct 11:43

17 Oct 11:41
Ngobeni says the victim is tiny, just looking at her, Ninow would have known she is a little child. She weighed no more than 21kg at the time of the offence.

17 Oct 11:39
Ngobeni says that when the perpetrator's age is compared to the age of the victim, then it is a serious aggravating factor. Ngobeni described the features of the victims, her weight, height, form, and so forth. The State highlights that the child is very little and that is why Ninow preyed on the child and attacked her.

17 Oct 11:34

17 Oct 11:32
Ngobeni argues that taking alcohol and drugs voluntarily is not a mitigating factor.

17 Oct 11:22
Ngobeni submits that the poem and letter is an afterthought, a plan to evade longterm imprisonment. She adds that Ninow's statements talk of remorse, but his conduct proves otherwise.

17 Oct 11:20
Ngobeni says Ninow stalked the victim and raped her.

17 Oct 11:19

17 Oct 11:12
Ngobeni says that the case against the accused was so overwhelming and contestable, that is why he pleaded guilty. 

17 Oct 11:10
Ngobeni says Ninow's plea explanation shows that he was not genuinely remorseful, as he did not take the court into his full confidence, giving a full account account of what transpired.

17 Oct 11:10
State prosecutor Ngobeni says that the plea was not "genuine" and that is why the plea was rejected. 

17 Oct 11:08
Alberts concludes arguments. The State prosecutor Advocate Dorah Ngobeni begins.

17 Oct 10:59
Mosopa asks why Ninow did not reach out to the family before the trial started. Making a financial contribution for some sort of retribution and delivering the letter and poem. Alberts submits that would be improper and possible interference.

17 Oct 10:56

17 Oct 10:53
Alberts submits that both the psychologist and the probation officer were of the view that Ninow is remorseful. Mosopa replies that remorse is not only what is said in court, but its the actions as well.

17 Oct 10:48

17 Oct 10:47
Albert's also submits that Ninow is young and that he is a first time offender. These are all arguments in trying to get the court to deviate from the minimum prescribed sentence for rape, which is life.  

17 Oct 10:46
"He will go through life with that stigma."- Alberts says, also submitting that Ninow has lost his fiance and would possibly go through life without knowing his son.

17 Oct 10:43
Mosopa wants to know from Alberts, if Ninow is a candidate for rehabilitation.

17 Oct 10:43

17 Oct 10:37
Alberts submits that the drug use cannot excuse Ninow's actions.

17 Oct 10:34

17 Oct 10:33
"My suspicion is that he is a broken individual. We should try and fix this individual" - Alberts.

17 Oct 10:31
 Alberts says that Ninow's personal circumstances and where he came from should be taken into consideration as well when metering out a sentence.

17 Oct 10:31

17 Oct 10:31
Alberts argues that the court has the responsibility to weigh up all the facts and not only the seriousness of the offence in isolation. 

17 Oct 10:26

Alberts submits that the offence is extremely seriously.

17 Oct 10:19
Alberts is quoting case law now that deals with life sentences.

17 Oct 10:19

17 Oct 10:17
Herman Alberts for Ninow, starts with his arguments.

17 Oct 10:17
Botha recommend that the court takes into consideration, the impact that Ninow has had on the victim's life.

17 Oct 10:16

17 Oct 10:16
The victim experienced a traumatic incident that could have long term side effects, including suicidal behaviour, Botha testifies.

17 Oct 10:16

17 Oct 10:15
"I mostly want him in jail to learn his lesson, he needs to learn not to harm people," the victim told Botha on how Ninow should be punished. 

17 Oct 10:15

17 Oct 10:15
The victim's mother biggest fear is that her daughter will blame her for not protecting her and that she will have trust issues, Botha says.

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