[Hat tip BA]
How would it be possible, someone does this Melocho on Yom Tov he is Chayav Malkos. If he does the exact same Melocho on Shabbos , not only is he not Chayav, he may go ahead and do it Lekatechila?
1)There are two fruits, one is attached to a tree in a Reshus Hayachid the other one is not attached to a tree but is in a Reshus Harabim
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2)There is a Choleh (in the Reshus Hayachid) who needs to eat the fruit.
3)On Shabbos there is no difference which fruit the Choleh is given and one is allowed to be Mechallel Shabbos Lekatechila
4)On Yom Tov one must take from the unattached fruit in Reshus Harabim (no Chilul Y.T.) and may not take from the attached fruit in the Reshus Hayachid. On Shabbos you may remove the fruit from the tree Lekatechila
On Yom Tov you may not remove the fruit from the tree, because you can bring the cut fruit from the Reshus Harabim (no Chilul Yom Tov) If he removed the fruit from the tree, he is Chayav Malkos.
pitputim 
Menachem’s answer doesn’t work, because mid’oraisa harvesting is permitted on yomtov, so there would be no malkos. A beis din might give him makas mardus for defying Chazal’s prohibiition unnecessarily, but much more likely they’d let him off since after all it was a pikuach nefesh situation.
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