Ex-police prosecutor loses attempt to reduce sentence

A former Victoria Police prosecutor who secretly filmed a woman and girl undressing will remain behind bars after he lost an attempt to reduce his sentence.

Simon Luebbers, 44, was jailed by a magistrate for a maximum of three years in October 2022, after pleading guilty to stalking, possessing child abuse material and dissemination offences.

His offending, which began in 2005, spanned 17 years while he was working for Victoria Police as an officer, police prosecutor and also trained other prosecutors.

Luebbers hid a spy camera inside a woman's bathroom and filmed her getting undressed, showering and drying off, at least four times over three years. The secret filming continued when she moved house.

He created seven videos from the recordings, which he turned into more than 1000 still images and eight shortened clips. He then shared these with other men, who sent him videos of themselves masturbating.

Then, in 2021 Luebbers filmed a teenage girl inside her bedroom in states of undress using a hidden camera. 

He lodged an appeal in the County Court, claiming his mental health had deteriorated due to his prison conditions. He also said he could not undergo sex offender treatment in jail due to his position as an ex-police prosecutor.  

Luebbers' barrister Dermot Dann said his client, who has now spent more than four months in prison, had experienced heightened anxiety and depression since being locked up.

He said Luebbers had developed claustrophobia and suffered panic attacks due to being transported in a confined cubicle for visits with family.

Mr Dann argued Luebbers was suitable for a combination sentence, with a community corrections order and 12 months in prison including time he has already served.

However, County Court Judge Kate Hawkins found his offending, which involved a "manifest breach of trust", was too serious to warrant a reduced prison term.

"Your objective seriousness is clearly aggravated by your trusted position as a police officer," she said.

"As a former police prosecutor you prosecuted offenders charged with sexual offending ... you were also persistently breaking the very laws your were charged with enforcing."

Judge Hawkins was also critical of Luebbers' decision to share photos of his adult victim with other males.

"She will never know how many men have seen those naked images," she said. 

She re-sentenced Luebbers to a maximum of three years. He must serve a minimum of two years before he will be eligible for parole. 

He was also fined $1000 for trying to escape from police when he was arrested.