Judge finds Hassan Kargbo’s childhood trauma in Sierra Leone and experiences of racism mitigated his moral blameworthiness
WINNIPEG, Man. — A Manitoba provincial court judge says the fact Hassan Kargbo is a Black man who experienced childhood trauma and racism must be weighed in sentencing him for sexually exploiting a 17-year-old Indigenous girl he trafficked for months — a case in which the judge described the gravity of the offences as impossible to overstate.
In a decision delivered Sept. 23, Judge Frederickson sentenced Kargbo to 11 years in prison for sexual exploitation, making child sexual abuse and exploitation material, receiving a material benefit from sexual services provided by a person under 18, procuring a person under 18, and advertising sexual services.
Court heard that in August 2023, Kargbo, then 30, spotted the victim, identified only as BLB, walking over the Osborne Street bridge in Winnipeg and invited her into his vehicle. She was 17 and thought he looked like a nice person.
Almost immediately, Kargbo took her to a drug transaction and introduced her to cocaine. They had sex, and she began staying at his apartment. He soon induced her to work for him as an escort, telling her he knew how to do it. She testified she did not particularly want to, but wanted to earn money and wanted to be in a relationship with him.
Over three to four months, she had sexual activity with approximately 100 men, sometimes several in one day.
Court heard
Over three to four months, she had sexual activity with approximately 100 men, sometimes several in one day, according to the decision. Kargbo took explicit photos and videos of her, told her how to pose, set her rates, dictated what she wore and what sex acts she would perform, and answered ads while hiding in another room or a closet during encounters. He collected cash payments once clients left, and e-transfers went to an email address she could not access. She was given about $40 every two weeks.
The judge found BLB was a vulnerable victim from the moment she met Kargbo. She had lost both of her long-term foster parents to cancer and had been moving between Child and Family Services placements. She had diagnoses of ADHD, ADD, and Fetal Alcohol Spectrum Disorder. She stopped seeing her therapist because she could no longer confide in them because of her relationship with Kargbo.
Part of the offending included getting her addicted to cocaine. She testified she used it constantly, suffered mental breakdowns, and was diagnosed with bi-polar disorder. She attended school less, got into a fight over rumours, and lost her CFS placement, making her reliant on Kargbo for housing. She described ongoing physical harms including persistent soreness, difficulties engaging in sex with her boyfriend, and the transmission of a sexually transmitted disease.
The Crown sought 17.5 years, reduced to 12 for totality, while defence counsel sought 7.5 to 9.5 years.
The judge noted that denunciation and deterrence are the primary sentencing objectives under the Criminal Code, and that while rehabilitation is not to be overlooked, it must take on lesser importance. Kargbo is not Indigenous, so Gladue considerations did not apply. However, the judge said an Impact of Race and Culture Assessment report set out historical and personal circumstances that had to be considered.
Kargbo came to Canada as a refugee from Sierra Leone at age 10 with his grandmother and a cousin, and had no contact with his parents since age five. He experienced early childhood trauma related to violence in Sierra Leone, including seeing acts of war, displacement, family separation, and poverty. He also experienced racism in Canada and has undiagnosed and untreated mental health issues.
The judge found those circumstances mitigated his moral blameworthiness but said his degree of responsibility remained high. He dictated and controlled the sexual abuse of a vulnerable 17-year-old over several months for personal profit.
The court also heard Kargbo was assessed in a pre-sentence report as a very high risk to reoffend generally and an above-average risk in relation to sexual offences. He has a prior criminal record including a conviction for violence, and the mitigating factor of a guilty plea was absent because the case went to trial.
The judge found several aggravating factors, including that the abuse involved a person under 18, that BLB was his intimate partner, and the significant impact on her. It was also aggravating that he kept most of the money, committed the CSAEM offence with intent to profit, required BLB to have sex with a large number of men, and that the abuse occurred over several months.
In arriving at the sentence, the judge considered parity with cases including R. v. Wallis, R. v. C.P.R., R. v. Shrutwa, and R. v. Roulette. The judge noted that unlike offenders in Wallis and Roulette, Kargbo was not himself sexually exploited, though he did experience unwanted sexual touching by cousins as a child.
The judge handed down a four-year sentence for sexual exploitation, two years consecutive for making CSAEM, three years consecutive for receiving a material benefit, six years consecutive for procuring a person under 18, and one year concurrent for advertising sexual services. That amounted to 15 years, but after taking a last look at totality, the judge found such a sentence would be unduly crushing given Kargbo’s limited prior record and made the sexual exploitation sentence concurrent to the procuring sentence, resulting in a total of 11 years.
Kargbo received credit for 976 days of pre-sentence custody at enhanced credit, equivalent to 1,464 days, leaving a go-forward sentence of 2,551 days, or just under seven years.
The judge also imposed a DNA order, a 10-year weapons prohibition, a lifetime order under the Sex Offender Information Registration Act, an in-custody non-communication order with BLB, and forfeiture of two iPhones and cocaine seized on his arrest.
The judge noted Kargbo faces significant collateral consequences regarding his immigration status. Because of the sentence, he will be ineligible to remain in Canada due to serious criminality. As a protected person, however, he will not be automatically deported; deportation would depend on the Minister of Immigration and Citizenship preparing an opinion that he constitutes a danger to remain in Canada, a discretionary action that could take several years. The judge said Kargbo will be in a limbo situation following his release, without rights as a permanent resident, unable to attend school or leave Canada, with the threat of being returned to Sierra Leone hanging over him.
A publication ban under section 486.4(1) of the Criminal Code prohibits publishing any information that could identify the complainant.
