It's not that subjective, though. He injured that woman. "Intent" is not part of the standard. You mentioned above that maybe they should take into account a history of behavior, and in that, as you even say, Novak is already on the line there. But you know what was done to Nalbandian at Queens, even though there was no bad intention. And Shapovalov in DC. What Nalbandian did to make that person's shin bleed was probably less dangerous than hitting the woman today in the neck. The rules are pretty clear...use your body, racquet or a ball to hurt someone, intentionally or not, and if it is done in anger, you're out.