Lawyer argues Ninow had diminished capacity when he raped girl (7)

Convicted rapist Nicholas Ninow has approached the High Court for leave to appeal his sentence.

Convicted rapist Nicholas Ninow testifies in mitigation of sentence at the High Court in Pretoria on 16 October 2019. Picture: Xanderleigh Dookey/EWN

JOHANNESBURG - The Pretoria High Court has heard how convicted rapist Nicholas Ninow's drug problem and his state of sobriety when he attacked a little girl should have been considered during sentencing.

Ninow has approached the High Court for leave to appeal his sentence.

He was convicted of rape, defeating the ends of justice and possession of drugs.

The Pretoria High Court has reserved judgment until next Tuesday.

Ninow’s lawyer Herman Alberts has argued that drug abuse had been normalised in his client’s life and that is why his addiction led him to rape the seven-year-old girl.

He said the court should have considered Ninow had diminished criminal capacity when he raped the child.

But Judge Mokhine Mosophe dismissed this, saying Ninow admitted that he was cognisant of his surroundings and he knew that what he was doing was a criminal offence.

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