Ninow's lawyer Herman Alberts had argued that Ninow was “a broken man” whose drug abuse had taken control of his life and actions.
He argued the rape was not premeditated, claiming his client was high on drugs and alcohol.
“He was predisposed throughout his upbringing with drugs. He was addicted.”
Alberts argued that Ninow’s drug abuse was “normalised” throughout his upbringing and he had no chance to avoid it.
In response, state prosecutor Dora Ngobeni argued that the rape was a well-executed plan and that Ninow moved closer to the kiddies' area at the restaurant to prey on a child.
She asked that the court ignore any assertion that Ninow had acted impulsively.
In his judgment on Tuesday, Judge Papi Mosopa said Ninow did not show the existence of compelling and substantive circumstances that the court should deviate from imposing the life sentence.
Mosopa also said the intake of alcohol and drugs by Ninow was not a mitigating factor to consider when sentencing Ninow. He also said a letter addressed to the family and read in court during the trial did not show remorse on the side of Ninow, but regret.
Alberts said after the judgment he could not comment until he had taken instructions from Ninow.