A Fort St. John man has been banned from entering the city within a 50-kilometre radius, after being found guilty of a series of harassment incidents against a former romantic partner.
Several restrictions were imposed against 49-year old Dustan Olof Sweder, with Justice Oliver Fleck explaining the disturbing nature of a break and enter charge, and a probation breach.
"This was no ordinary break and enter. Rather than having theft as the motive, which is typical for break and enter offences, this break and enter constituted the latest event in a series of harassing actions undertaken by Sweder," wrote Fleck.
Fleck noted that while Sweder is a long-term resident of the city and owns a home there, the only way the victim can be protected is by banning him from the city. Sweder also received jail time of two years less a day with time served, and a three-probation order to follow his latest incarceration, with several restrictions imposed.
"The only real way that I can deter Sweder from re-offending is by keeping him incarcerated for as long as is reasonable under the law and then imposing a long-duration probation order with strict conditions," wrote Fleck.
The offences escalated over time and caused serious psychological harm and distress to the victim, explained the ruling, beginning with breaches of no-contact conditions, escalating to leaving 'disturbing and humiliating' posters all over Fort St. John, and sending letters from prison, all violations of court orders.
Sweder eventually broke into the offices of Wolverine Motors on Feb. 9, 2023, the workplace of his former romantic partner of eight years, leaving a series of notes and drawings depicting himself and the victim. Their relationship had ended in August 2022, explained the court ruling.
"I can infer that [they have] sustained a significant psychological trauma from Sweder's series of offences, culminating with the break and enter. This is the true nature of the offences for which I am sentencing Sweder," Fleck noted.
Preceding the break-in, Sweder was arrested for assault towards his former partner on Aug. 11, 2022. Sweder was placed on a release order with a condition not to have any contact with the victim, but breached the no-contact condition on Aug. 29, 2022.
Sweder was eventually sentenced to 24 days in jail and probation for the breach in January 2023, but the assault charge was stayed.
On Sept. 7, 2022, Sweder committed criminal harassment by placing about 75 posters in public places around Fort St. John, with messages asking the victim to reconcile with him. The posters resulted in 30 days in jail, further probation, and additional court orders, with Sweder ordered to not have any contact with the victim.
Sweder broke the no-contact order on Oct. 7, 2022, sending six letters to the victim from the Prince George Regional Correctional Centre. He was then further convicted convicted of disobeying a court order and sentenced to 50 days’ jail and probation on Jan. 12, 2023.
According to the ruling, Sweder breached probation again, just two days after his release from prison, calling the victim from Prince George, threatening suicide.
The phone call resulted in his re-arrest and, on Feb. 7, 2023, he was sentenced to 38 days jail with probation. Sweder has a previous criminal history of harassment in addition to other charges, and was sentenced to 20 days in jail with probation for uttering threats and criminal harassment against his ex-wife, committed on Sept. 22, 2021.
Sweder also committed criminal harassment to his ex-wife's lawyer by making a series of threatening phone calls, emails, and voicemails on Aug. 1, 2021, noted the ruling, which resulted in 14 days jail and probation.
Outside of a history of criminal harassment, Sweder has one other conviction, for mischief under $5,000 stemming from April 4, 2022, which involved deliberate damage to his employer's truck, receiving a 20-day jail sentence.
Sweder also suffers from a longstanding substance abuse disorder and mental health issues, but Justice Fleck said they did not play a significant role in reducing moral culpability, especially in light of a 'relentless' pattern of re-offending.
"In my view, this represents concerted, targeted, deliberate behaviour that has not been deterred by any of the criminal justice system's previous attempts at intervention," Fleck write, noting the numerous arrests and previous jail time.
"This condition is necessary to protect the psychological well-being of [the victim], as lesser no-go conditions that have allowed Sweder to return to Fort St. John have not worked," he added.
