The Robinson principle permitting evidential use of propositions put in cross-examination is not limited to cases where the accused testifies; it extends to cases where the accused's recorded out-of-court statements are inconsistent with what was put on the accused's behalf. A conviction based on a duplicitous count may be upheld under the proviso where the latent ambiguity did not adversely affect the accused's entitlement to know the case, did not bear on what evidence was received, and the evidence was sufficient to prove each alternative basis beyond reasonable doubt. A Zoneff direction is not required where the trial judge did not use the word 'lies' or a synonym, neither counsel addressed in such terms, and there was no risk of the jury reasoning impermissibly from inconsistencies to guilt.
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