A Crown prosecutor's submission that an accused has 'distanced herself' from incriminating facts does not necessarily amount to reliance on lies as consciousness of guilt; the address must be considered as a whole. The proviso may be applied where improperly admitted reply evidence was brief and the properly admitted Crown case was overwhelming. A sentencing judge cannot treat commission in company as an aggravating factor where the offender was convicted of robbery simpliciter rather than robbery in company. The parity principle applies even where co-offenders were convicted of different offences and one received a discount for pleas and assistance.
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