20-11-2004, 06:53 PM
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Registered User
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First recorded activity by GardenBanter: Nov 2004
Posts: 3
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Yeah, I guess i'm quilty as charged. I always knew it was a long shot but it's worth a try.
Thanx for the feedback........
Quote:
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Originally Posted by Mike Lyle
Alan Gould wrote:
In article , KeenOne
KeenOne.1f writes
Hi,
I need some help regarding cutting's/clones.
In a UK Court Of Law, can a cutting be classed as a plant if it
doesn't have any roots?
I don't know about any legal definition of 'plant', but the
[horticultural] definition given in Chambers English Dictionary is:
n. a vegetable organism, or part of one, ready for planting or
lately
planted: a slip, cutting, or scion: an offshoot; a sapling: any
member
of the vegetable kingdom, esp. (popularly) one of the smaller
kinds:
growth: amount planted
v.t. to put into the ground for growth: to set into position etc.
v.i. to plant trees or anything else
That dictionary is often used in law, so it would seem likely that
a
cutting would be accepted in court as a plant.
This discussion will only have meaning if we can contextualize it. In
the same way, a court of law would need to know the context.
Is the OP being accused of, or contemplating, stealing a plant, for
example? And is he hoping to rely on the defence that he didn't take
a plant, because the plant material in question had no roots at the
time?
At a guess, I'd say the Chambers' Dictionary entry takes the form it
does in order to cover such eventualities; Collins has much the same
definition. This surmise is because a cutting certainly isn't a plant
in most people's everyday speech; and the broader definition isn't
quite in line with the first edition of the OED.
I think you're guilty, mate!
Mike. |
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