Yeah...but rather than get into ever-fancier legal and philosophical arguments about the LLM's agency, I'd like to see the justice system just rotate the table:

"The court agrees with your argument that you are not responsible for the horrible things that happened to the victim, as a consequence of your LLM's decisions. But similarly, the court will not be responsible for the horrible things that will be happening to you, because our LLM's decisions."

(No - it doesn't much matter whether that is actually done. Vs. used as a rhetorical banhammer, to shut down the "we're not responsible" BS.)