I think for this figure they could at least fix the headsculpt
Fix, no, change the expression maybe. Whatever aspects aren't right for Bale on the v1, if they were corrected on this head it'd be weird to have it with the first figure and not look the same being made around the same time. Other than the first one, all the Joker heads from HT have had the same features and all so they at least look alike.
I'm hoping the reuse of the v1 portrait means they just made more of it while making the corrected v1 paint job and this will look identical but for the scar, making both figures consistent with each other.