

If I, and Australian citizen, had gained access in the same way I would be facing charges. Those charges would likely be under the Cybercrime Act of 2001.
s.478.1(1) Criminal Code—unauthorised access to, or modification of, restricted data;
That carries a maximum 2 year sentence and it clearly a significant threat to an individual.
Will Sam Altman face this charge? No. The purpose of the AI in this situation is not to do the actual hacking. The purpose it to abrogate the blame, to shield the owners of it from legal repercussions. Altman and co can do whatever they want and shift the blame to the AI.
“We didn’t fire missiles at those children, the AI made a mistake and identified them as hostile actors”
“We didn’t deny your dead partner’s healthcare, the algorithm incorrectly labeled the procedure as unnecessary and due to the delay your partner died, but that wasn’t our fault, it was the algorithm.”
I agree, you would have a hard time pushing for the intent part of a crime, however manslaughter does not require intent, nor do many other crimes, and discovery would being many documents to light which may show the level of intent or reckless disregard. Also, what is the difference between intent and callous disregard? If you know your actions will cause deaths and you do not act to prevent those deaths then are you not choosing those deaths? If there is a discussion documented where the possibility is raised and then disregarded it would show at least knowing disregard for the safety and wellbeing of others.