10/03/2009 18:07 - (SA)
Johannesburg - A gardener who raped his 72-year-old employer should be jailed for life, state counsel Adele Janse van Vuuren said in the Pietermaritzburg High Court on Tuesday.
The accused, Lucky Khumalo, 31, of Glencoe, pleaded guilty to raping his slightly-built victim, throwing her to the floor, throttling her and inflicting other injuries when she resisted.
He attacked her last month after she had paid him.
"After he was paid he did not go home but surprised his victim in her home."
The 72-year-old who lived alone and had employed Khumalo for eight years, needed medical attention after the attack.
Janse van Vuuren said the woman had trusted him.
She said that the factors advanced by his counsel Ishy Khan as mitigation; that he had worked since he was eight-years-old, passed matric, supported his mother, had no previous convictions and pleaded guilty, did not amount to substantial and compelling circumstances that allowed the court to pass a sentence other than the prescribed life.
Judge Fikile Mokgohloa will pass sentence on March 17.