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Poisoning Plants
my neighbours have poisoned my Ivy and Virginia Creeper whilst I have been on holiday, I have reported incident to Police but have heard nothing.
I am sure this must constitute criminal damage.
I am sure this must constitute criminal damage.
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To show that 'criminal damage' applied, you (or the CPS) would have to show that your neighbour either intended to poison your plants or that he acted 'recklessly'.
Further, you'd have to show that the plants weren't simply growing wild on your land (as is often the case with ivy), as such plants can't be subjected to 'criminal damage'.
Lastly, you'd have to show he didn't have a 'lawful excuse' for doing so, such as protecting his own property:
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In practice, such matters are often better dealt with by civil courts than criminal ones.
Further, you'd have to show that the plants weren't simply growing wild on your land (as is often the case with ivy), as such plants can't be subjected to 'criminal damage'.
Lastly, you'd have to show he didn't have a 'lawful excuse' for doing so, such as protecting his own property:
http://
In practice, such matters are often better dealt with by civil courts than criminal ones.
How do you know they were poisoned? If they were poisoned how do you know it was your neighbour?
To get a conviction for criminal damage you have to be able to PROVE those things after taking account of the points Buenchico made. The police will not be interested so you will have to get the evidence yourself and then try to get them to put a case to the CPS.
In short your chance is zero!
To get a conviction for criminal damage you have to be able to PROVE those things after taking account of the points Buenchico made. The police will not be interested so you will have to get the evidence yourself and then try to get them to put a case to the CPS.
In short your chance is zero!
Hmm, there are quite a few substances that would do the job for your neighbour. Sodium chlorate is the obvious one if he knew how to obtain it but there are more vicious ones available. Strong mineral acids and bases would do the job not necessarily having to be applied to the foliage. Certain synthetic auxins would kill ivy in under a week as well as many agricultural herbicides. Does your neighbour work somewhere where he would have access to chemicals or herbicides? Any connections with the agricultural industry?
To establish what was used, any suitably equipped laboratory would be able to help you. Leaving out access to academic facilities, a Public Analyst wouldn't take long to detect and name the chemical or herbicide used via Instrumental Methods. They'd need fresh but damaged plant tissue and you'd have to negotiate a price with them. I can recommend a good PA if you wish. Having said that, how you make use of the information is a very different ball game.
To establish what was used, any suitably equipped laboratory would be able to help you. Leaving out access to academic facilities, a Public Analyst wouldn't take long to detect and name the chemical or herbicide used via Instrumental Methods. They'd need fresh but damaged plant tissue and you'd have to negotiate a price with them. I can recommend a good PA if you wish. Having said that, how you make use of the information is a very different ball game.
It wasn't overhanging his garden or overgrown. At the end of the day, he destroyed something that I enjoyed looking at and seems as though people think it's funny. It was a nasty thing to do and just seems that it's o k to go killing other peoples plants, seems pretty irrelevant what substance killed it.
More of an issue is that he had the right to do it, and I can't do nothing about it.
More of an issue is that he had the right to do it, and I can't do nothing about it.
