R v Najib Arab

An extended determinate sentence will not be reasonably arguable as manifestly excessive where it reflects the evidence, the circumstances of the offences and offender, the impact on the victim, and the applicable sentencing guideline. The sentencing court may adjust the guideline starting point for aggravating features, totality and mitigation. Earlier sentencing decisions made before the relevant modern slavery guideline came into force may have very limited value.

The applicant was sentenced after trial for requiring a vulnerable 15-year-old complainant to perform forced or compulsory labour contrary to section 1(1)(b) of the Modern Slavery Act 2015. He had also pleaded guilty to two offences of supplying Class B drugs.

The Crown Court imposed an extended determinate sentence of nine years, comprising seven years’ custody and two years’ extended licence, together with concurrent 10-month sentences for the drug offences. The applicant renewed his application for leave to appeal against sentence under section 279 of the Sentencing Act 2020. The central issue was whether the sentence was reasonably arguable to be manifestly excessive.

1. Application refused. It was not reasonably arguable that the sentence was manifestly excessive. The application for leave to appeal and legal assistance was refused.
2. The sentencing judge had placed the modern slavery offence within category 3B of the Sentencing Council Guidelines, with a starting point of six years and a range of five to eight years. The upward adjustment to 7½ years reflected numerous aggravating features, including previous convictions, the associated drug offences and totality. The reduction to seven years properly reflected the applicant’s limited mitigation.
3. The assessment of harm and culpability was open to the sentencing judge. The evidence showed the grooming, manipulation, isolation and exploitation of a vulnerable looked-after child, including her use in the applicant’s drugs operation. The judge was entitled to place the offence towards the higher end of category 3 and within medium culpability level B.
4. The finding that the applicant was dangerous, involving a significant risk of serious harm through further specified offences, justified the two-year extended licence period. That finding was not challenged. There was also no challenge to the concurrent drug sentences or the slavery and trafficking prevention order.
5. The court stated that earlier cases such as R v Zielinski, decided before the Sentencing Council Guidelines on Modern Slavery offences came into force, had very limited value and did not assist the applicant.

• Court of Appeal (Criminal Division): The renewed application for leave to appeal under section 279 of the Sentencing Act 2020 was refused. The court held that the sentence was not reasonably arguable to be manifestly excessive: [2026] EWCA Crim 1087 .
• Crown Court at Cardiff: Following trial on 1 July 2025, HHJ Lucy Crowther imposed an extended determinate sentence of nine years for the modern slavery offence, comprising seven years’ custody and two years’ extended licence, with concurrent 10-month sentences for two drug offences.