Quite possibly. Ricciardo's penalty was based on something that could have been dangerous (and, as mentioned has been before). Forcing someone into a barrell roll as opposed to a spin is dangerous. I think it is perfectly OK to base the penalty on the outcome if the possible outcomes are quite different. Another example: Oscar Pistorius is up for murder because he shot his girlfriend. If it was an intruder, there is a chance he would be free on self defence. Same action. Different outcome.