Even with E_ALL | E_STRICT set (the highest possible leve), 5.1.2 at least still doesn't complain
You don't mean for this code (the code I was referring to, unclearly I realize now), do you?
$array = 12;
$array[] = "foo!";
Because every version I try it on raises a warning.
The other code you posted causes no problem, of course.