Abstract:
The change of position defence is a developing doctrine and debate continues as to its true rationale and various facets of the defence remain unclear. Many issues surrounding the following two fundamental questions await clarifications from the courts: (a) What constitutes change of position? (b) What kind of conduct disqualifies a person from relying on the change of position defence? This article attempts to map out the contours of the debate which would hopefully be useful in framing the debate when this matter next comes before the courts.